Case law

Commonwealth v. Batty

482 Pa. 173 · Supreme Court of Pennsylvania · Oct 27, 1978

The challenged photographs were clearly relevant. However, the admissibility of photographs of a corpse in a homicide case requires further consideration. … After doing so, we conclude as a matter of law that defendant has not established that his need for care, guidance and treatment as a juvenile outweighs the need of the State to apply legal restraint and discipline to him

Almusa, O., Aplt. v. State Board of Medicine

Supreme Court of Pennsylvania · Mar 13, 2025

The parties do not dispute that Almusa’s criminal conduct does not qualify as a drug trafficking offense as defined by Section 3113. Almusa’s Brief at 9; Board’s Brief at 12. … [J-71-2024] - 14 refuse to enter an order of suspension should the predicate be established.

Woods Schools Tax Exemption Case

406 Pa. 579 · Supreme Court of Pennsylvania · Mar 13, 1962

In 1958, the corporation constructed and established a Child Study, Treatment and Research Center costing $655,789.15. … The record clearly sustains the finding of the lower court that the school was founded in charity and made possible in great part by the charitable beneficence of Mrs. Hare.

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.

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.

Bakes v. Snyder

486 Pa. 80 · Supreme Court of Pennsylvania · Jun 29, 1979

On the authority of article III, § 13, this Court rejected the commissioner’s claim: “If the change in classification post-dates the election of the [county commissioner] — and this clearly appears in the present case, . … LARSEN, J., dissents and notes that the officials are clearly entitled to the cost-of-living increase. 1 .

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

Brooks v. Hastings

192 Pa. 378 · Supreme Court of Pennsylvania · Jul 19, 1899

An examination of the testimony of the plaintiff himself fully establishes the correctness of these findings. … The opinion also expresses very clearly the reasons why the pension rules are entirely valid, and not in conflict with our legislation establishing the home.

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.

Pennsylvania Railroad v. Hughart

422 Pa. 615 · Supreme Court of Pennsylvania · Sep 27, 1966

Appellants, recognizing their inability to qualify as intervenors under subsections (1), (2), or (3) of Pa. *618 R. C. P. 2327, predicate their right to intervene on subsection (4) of the rule. … “Upon the filing of the petition and after hearing, of which due notice shall be given to all parties, the court, if the allegations of the petition have been established and are found to be sufficient, shall enter an order

Cramer's Election Case

248 Pa. 208 · Supreme Court of Pennsylvania · Feb 22, 1915

That the extent of this departure may be understood, it is necessary to have clearly in mind what the law requires with respect to a place of election. The Act of 10th June, 1893, P. … It is an established rule of construction that where a legislative provision is accompanied with a penalty for failure to observe it, the provision is mandatory.

Henry Taylor Lumber Co. v. Carnegie Institute

225 Pa. 486 · Supreme Court of Pennsylvania · Oct 11, 1909

or parts of said real estate, as it may elect, for a building site or sites for technological schools and institutions for the promotion of arts and sciences and to permit the use of such site or sites for the purpose of establishing … To what the owner of a base or qualified fee may be compelled to subject his estate is but an academic question in this proceeding, for the title to the land remained in the city.

In re D.L.H.

606 Pa. 550 · Supreme Court of Pennsylvania · Aug 17, 2010

When applying this standard to the present case, the court concluded that the evidence was inadequate to establish, clearly and convincingly, that refusing mechanical ventilation was in David’s best interest, particularly … 5461, clearly conveys that the statute advances other purposes as well.

Daniels v. Commonwealth

7 Pa. 371 · Supreme Court of Pennsylvania · Mar 4, 1847

We cannot, at any rate, infer such to be their intention, unless their meaning is so clearly expressed as to lead us necessarily to such a construction. … In addition to the power to reverse or affirm heretofore given, we have authority to modify the judgment; that is, to change its form, vary, or qualify it, and this as well in criminal as in civil cases.

Pittsburg's Petition

217 Pa. 227 · Supreme Court of Pennsylvania · Mar 11, 1907

annex the lesser city without the vote or consent of a majority of the qualified voters or electors of the lesser city.” … The words < due process of law,’ as taken from Magna Charta and incorporated in the constitution, ‘ were intended to secure the individual from the arbitary exorcise of the powers of goverrnent, unrestrained by the established

Armour and Co. v. Pittsburgh

363 Pa. 109 · Supreme Court of Pennsylvania · Oct 4, 1949

L. 454, to pay, for each establishment operated by them, an annual fee of $10 at the time they apply “for registration and license.” … Pittsburgh, 360 Pa. 240, 244 , 61 A. 2d 878, 880 , that “Clearly the imposition of this, nominal charge was not intended to be an excise tax for the privilege of selling cigarettes.”

Commonwealth v. Peterson

535 Pa. 492 · Supreme Court of Pennsylvania · Nov 5, 1993

of Pennsylvania should not be diminished because some few among them may succumb to dealing drugs in the squalid environment of a store *501 front “gatehouse,” (Appellant’s Brief at 25) appellant makes none which would qualify … his expectation of privacy as a legitimate one, the sine qua non for establishing that the government’s intrusion was unlawful.

Ellet v. Paxson

2 Watts & Serg. 418 · Supreme Court of Pennsylvania · Dec 15, 1841

The testator, when he says, “ I repeat it again,” was clearly under the impression that that portion of his real estate, given by him in a previous part of his will to his daughter Mary, had been given to her for her life … But then the- effect of this is qualified and restrained, indeed nullified it may be said, as regards the quantum of the estate given to Mary, by the subsequent clause, recited above, reducing her interest expressly to a

Stenger v. Lehigh Valley Hospital Center

382 Pa. Super. 75 · Supreme Court of Pennsylvania · Mar 1, 1989

Stenger was transfused with units of blood which were contaminated with Acquired Immune Deficiency Syndrome (hereinafter “AIDS”), and from this transfusion she contracted the AIDS virus. … If the parties do proceed to trial, The Morning Call would clearly have access to publish the evidence admitted at trial.

Tayar v. Camelback Ski Corp.

616 Pa. 385 · Supreme Court of Pennsylvania · Jul 18, 2012

the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing immunity is upon the party invoking … ; and (4) the burden of establishing immunity rests on the party seeking protection under the clause.