Case law

Katz, Admrx. v. Lockman

356 Pa. 196 · Supreme Court of Pennsylvania · Jan 13, 1947

From these instructions, it clearly appears that the bonds and cash were to be distributed, rather than to be retained by defendant as his own property. … But, even after the testimony relating to the conversation at the 30th Street Station is excluded, we are convinced the remaining evidence is clearly sufficient to establish that a confidential relationship existed between

Association of Pennsylvania State College & University Faculties v. State System of Higher Education

505 Pa. 369 · Supreme Court of Pennsylvania · Jul 6, 1984

The stipulations of the parties establish that section 7 merely shifts some of the financial burden of contribution from the employer to the employees. … No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed. Pa. Const. Art. I, § 17.

Black v. Ritchey

432 Pa. 366 · Supreme Court of Pennsylvania · Oct 11, 1968

Even if she were going to a bull fight strictly prohibited by law no motorist could injure her and then be immune from responsibility for his tort." … THE COURT: The American College of Surgeons is the most respected and qualified in the United States, is it not? THE WITNESS: Not necessarily so, Your Honor, although it is well recognized.

City of Philadelphia v. District Council 33

528 Pa. 355 · Supreme Court of Pennsylvania · Oct 1, 1991

On August 15, 1985, the Pennsylvania Public Employee Retirement Study Commission wrote the City its pension system qualified as a financially distressed system at Level III. … The Union failed to establish such a right.

McLain v. Commonwealth

99 Pa. 86 · Supreme Court of Pennsylvania · Jan 3, 1882

The court well said the Commonwealth was not bound to establish an adequate motive for the alleged crime, and declared, in the words of this court, “ the fact of murder being established the inability to discover the motive … We are not prepared to dissent from the doctrine declared by Chief Justice Shaw ; but qualified as it was by the court below the accused has no just cause of complaint.

Commonwealth v. Moore

580 Pa. 279 · Supreme Court of Pennsylvania · Oct 21, 2004

Rather, the record clearly reveals that appellant received zealous and competent representation throughout these proceedings under the circumstances. … An assessment of this prong requires Moore to establish each Pierce prong with respect to trial counsel’s performance; failure to establish any one of the prongs will defeat the entire claim. Commonwealth v.

Hyndman v. Pennsylvania Railroad

396 Pa. 190 · Supreme Court of Pennsylvania · May 8, 1959

The Dugan case is clearly distinguishable from the facts presented by this appeal. … The offer *201 of proof in the Baran case, snpra, demonstrated the sole purpose of the evidence of subsequent conduct was to establish antecedent negligence.

Commonwealth v. McDermott

224 Pa. 363 · Supreme Court of Pennsylvania · Apr 12, 1909

“Clearly the substantive offense, which draws to itself the greater punishment, is the unlawful sale after a former conviction. This, therefore, is the very offense he is called upon to defend against. … Y. 443 , the indictment charged the defendant with the crime of knowingly voting at an election, “not being qualified therefor.”

Commonwealth v. Casner

315 Pa. Super. 12 · Supreme Court of Pennsylvania · May 27, 1983

Both case law and supreme court rule have established the essential elements of a guilty plea colloquy. … This arraignment form clearly encompasses all of the elements enumerated in Washer , the question is whether the use of a written form can supplement a guilty plea colloquy.

Lawrence's Estate

286 Pa. 58 · Supreme Court of Pennsylvania · Jan 11, 1926

The layman should be as well qualified to determine incapacity as the judge and at times both have been known to err. … There is no testimony *72 worthy of consideration to show undue influence, testator’s capacity being clearly established.

Riverwalk Casino, L.P. v. Pennsylvania Gaming Control Board

592 Pa. 505 · Supreme Court of Pennsylvania · Jul 17, 2007

The Board promulgated the following regulation regarding participation in meetings and voting: (a) Qualified majority vote. … It is well settled that an administrative agency’s interpretation of a statute is given controlling weight unless it is clearly erroneous. Street Road Bar & Grille, Inc. v.

Snyder's Appeal

302 Pa. 259 · Supreme Court of Pennsylvania · Dec 1, 1930

Though the request for leave to review intimated that the requisite number of signers had not joined in the application for the passage of the ordinance, no evidence to establish this contention was presented, and this objection … L. 332, which permits such action upon petition of twenty per cent of the qualified voters residing on the property to be annexed, reduced later to five per cent (Act of April 19, 1905, P.

Commonwealth v. Welshans

397 Pa. Super. 439 · Supreme Court of Pennsylvania · Sep 19, 1990

The criminologist, who was qualified as a blood typing expert, in turn testified regarding the procedures he followed in his analysis of the blood samples from the vehicle. Id. at 100-104. … Under Voshall , this sentence clearly cannot stand, and accordingly, we vacate the judgment of sentence imposed for driving under the influence.

Hepler v. Hosack

197 Pa. 631 · Supreme Court of Pennsylvania · Jan 7, 1901

Hosack at the time he executed the deed, and was clearly admissible for that purpose. … The question of the delivery of the deed was for the jury, as was also the credibility of the witness relied on to establish it.

Commonwealth v. Omar

602 Pa. 595 · Supreme Court of Pennsylvania · Oct 5, 2009

Packer, 568 Pa. 481 , 798 A.2d 192, 198 (Pa.2002) (observing “the well established cannon of construction that courts should generally apply qualifying words or phrases to the words immediately preceding them”). … Packer, 798 A.2d at 198 (observing “the well established cannon of construction that courts should generally apply qualifying words or phrases to the words immediately preceding them”).

Bechtold v. Coleman Realty Co.

367 Pa. 208 · Supreme Court of Pennsylvania · Mar 28, 1951

Assn., 130 Kan. 522 , 287 Pac. 269 (1930), where a by-law required the corporation to repurchase a stockholder’s shares upon his death or removal from the vicinity was held to be immune from repeal. … Coleman Company was clearly not an operating company; it had officers but in all probability, being a mere holding company, had few, if any, employees.

Weiser v. Weiser

5 Watts 279 · Supreme Court of Pennsylvania · Jun 15, 1836

We have stated above, that, as the law annexed no warranty in cases of partition made between joint tenants and tenants in common, the parties supplied this by the insertion of mutual covenants clearly and distinctly expressed … Lit. 101, b, and so necessary a consequence of it, that where an express and qualified warranty was introduced, it did not restrain or circumscribe the implied warranty.”

Welsh v. Bulger

548 Pa. 504 · Supreme Court of Pennsylvania · Jul 23, 1997

Warner's report indicates that the hospital breached the standard of care by not arranging for a qualified surgeon to perform a cesarean section. Dr. … Here, the evidence clearly shows that Dr. Bulger was not qualified to perform surgery and that Nason Hospital did not grant Dr. Bulger surgical privileges.

Scranton v. Phillips

94 Pa. 15 · Supreme Court of Pennsylvania · May 3, 1880

It was held, the latter could recover from the former for the injury thereby sustained, although 'it resulted from the approved, established and customary practice of mining in that region and without negligence. … He did not attempt to give them greater immunities than he possessed, but rather less.

Chester Water Authority v. Pennsylvania Public Utility Commission

581 Pa. 640 · Supreme Court of Pennsylvania · Feb 23, 2005

Accord Elite Indus., 574 Pa. at 481, 832 A.2d at 431 (observing that “courts may not disturb the commission’s interpretation regarding a certificate of public convenience unless the result is clearly erroneous, arbitrary, … utilities appears to be a relatively new development which may warrant specific attention by the Legislature, we cannot say that the Commission’s policy, maintained in the absence of such specific legislative focus, is a clearly