Case law

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.

Pa. Soc. Serv. Local 668 v. Pa. Lrb

481 Pa. 81 · Supreme Court of Pennsylvania · Oct 5, 1978

Therefore, we need only match the allegations with the unfair practices charged, namely sections 1201(a)(3) and (5), to determine if the allegations would clearly establish a prima facie case, if true. … In the absence of factual assertions which clearly allege a prima facie case of unfair practices, the Labor Board did not abuse its discretion in dismissing the charges.

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.”

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. Kerstetter

626 Pa. 89 · Supreme Court of Pennsylvania · Jun 16, 2014

The same article makes clear that school districts are not required to establish kindergarten programs, although they may do so as a matter of discretion, and if a district establishes such a program, it “shall be an integral … As we noted at the outset, school districts are not required to establish kindergarten programs, but if they do establish such programs, they become an integral part of the school district.

Commonwealth v. R. L. Bonham Co.

297 Pa. 514 · Supreme Court of Pennsylvania · Apr 15, 1929

As pointed out in that case, laborers or material-men may sue the surety on a bond given for public contracts under a statute or ordinance, where the right is clearly created for their protection. … The state employee who testified was careful to qualify his testimony by saying the yardage moved was not the yardage under which the general contractor was to receive payment.

Dillon v. Myers

1 Brightly 426 · Supreme Court of Pennsylvania · May 29, 1844

This is clearly the rule where the claim is for compensation for services rendered in such capacity. In Riddle v. … The titles conveyed were clearly good, and the acts of the officer unquestionably valid as respects others.

Commonwealth v. Maguire, J., Aplt.

Supreme Court of Pennsylvania · Aug 22, 2019

established in department regulations.” 75 Pa.C.S. §4704(a)(2). … However, it is clearly a mixed question of fact and law, as the “systematic” qualifier is integrally dependent on the court’s factual determination as to how much discretion the officers were able to exercise in deciding

Whitner v. Lojeski

437 Pa. 448 · Supreme Court of Pennsylvania · Mar 25, 1970

The third paragraph, where the “but for” words are used, is devoid of the qualifying language in Burrell Twp. v. … “Now, it is not only necessary that the - plaintiff establish that the defendants were guilty of negligence, but the plaintiff must also establish that that negligence was the proximate cause of the accident.

Commonwealth v. Young

524 Pa. 373 · Supreme Court of Pennsylvania · Mar 29, 1990

In order to establish murder in the first degree, the Commonwealth must prove the actor specifically intended to kill which, in turn, is shown by establishing premeditation and deliberation. Commonwealth v. … It is clear from these facts that the trial judge did not abuse his discretion by qualifying this witness as an expert.

Weeks, J., Aplts. v. DHS

Supreme Court of Pennsylvania · Sep 28, 2023

Ultimately, we find that Appellants have not met their heavy burden of establishing that the legislative process “clearly, palpably and plainly” violated our Constitution. Zogby, 828 A.2d at 1087. … Moreover, we reiterate that a statute must be upheld unless it clearly, palpably, and plainly violates the Constitution.

Glass v. Tremellen

294 Pa. 436 · Supreme Court of Pennsylvania · Oct 3, 1928

Not only must the terms and conditions of the contract and its subject be well and clearly defined, but it has been held that the contracting parties must be brought together face to face. … Where a parent’s property is occupied by a child, the presumption is, in the absence of any qualifying circumstances, that the possession is in subordination to the former’s title.

Stackhouse v. Commonwealth

574 Pa. 558 · Supreme Court of Pennsylvania · Sep 25, 2003

The Pennsylvania Constitution, Article V, § 4, states the Commonwealth Court's jurisdiction shall be established by law; Article V, § 5 grants the courts of common pleas unlimited original jurisdiction except as otherwise … Clearly under the Constitution it is for the General Assembly to confer jurisdiction. See, e.g., Commonwealth v. Saunders, 483 Pa. 29 , 394 A.2d 522, 524 (1978).

Glessner's Estate

343 Pa. 370 · Supreme Court of Pennsylvania · Oct 8, 1941

Such amounts were to be added to the fund established by testator’s bequest to the trustee of his residuary estate, and the net income of the entire fund was to be paid to appellant during his lifetime. … It is hard to reconcile the attitude of the court to appellant and to his co-executor, of whom the court said: “Jacob Peterson is a man of sound judgment and excellent financial ability, and well qualified to perform the

In re Sentry Security, Inc.

490 Pa. 578 · Supreme Court of Pennsylvania · Jul 3, 1980

The record establishes, and the majority implicitly concedes that Joseph P. … If the legislature had intended to qualify members of the Pennsylvania investigative service, it could specifically have done so.

Commonwealth v. Maguire, J., Aplt.

Supreme Court of Pennsylvania · Aug 22, 2019

established in department regulations.” 75 Pa.C.S. §4704(a)(2). … However, it is clearly a mixed question of fact and law, as the “systematic” qualifier is integrally dependent on the court’s factual determination as to how much discretion the officers were able to exercise in deciding

Commonwealth v. Haynes

395 Pa. Super. 322 · Supreme Court of Pennsylvania · Jun 14, 1990

Our standard of review for a suppression hearing is well established. … White, 366 Pa.Super. 538 , 531 A.2d 806 (1987), for the principle that a life qualifying, as well as a death qualifying, question is permissible. We disagree.

Shearer, D., Aplts. v. Hafer, S.

177 A.3d 850 · Supreme Court of Pennsylvania · Jan 18, 2018

Thus, Appellants, by their own arguments, have failed to establish that Mrs. … Yet, regardless of how the issue is raised, the burden remains on Appellees to establish an exception to the final order rule by showing that each prong of the collateral order doctrine is clearly present.

Pauli v. Commonwealth

89 Pa. 432 · Supreme Court of Pennsylvania · Mar 24, 1879

An examination of the evidence shows that this instruction was clearly erroneous. Neither Mr. De Long nor Mrs. Johnson testified that the lease was interlined after its execution. Mr. … Opposed to their testimony there was really nothing but the denial of Johnson that the words were in when he signed the lease, qualified by his admission that Pauli did tell him at the time that he was going to take down

Commonwealth v. Bibalo

375 Pa. 257 · Supreme Court of Pennsylvania · Nov 9, 1953

The verdict established the following facts: The defendant, 20 years of age, was making his home with his grandmother at TJniondale, Susquehanna County, and had been visiting his mother at Simpson, Lackawanna County, just … She was clearly impartial. The *265 court below held that the matter was too remote and refused the challenge for cause.