Case law

Commonwealth v. Beck

502 Pa. 78 · Supreme Court of Pennsylvania · Jul 1, 1983

Since appellant did not raise the issue of former acquittal until his second trial had been completed and a verdict returned, that claim clearly has been waived. … Moreover, it has long been recognized in the federal courts that constitutional immunity against double jeopardy is a personal right which will be regarded as waived if not affirmatively pleaded at the time of trial.

Tonkovic v. State Farm Mutual Automobile Insurance

513 Pa. 445 · Supreme Court of Pennsylvania · Mar 2, 1987

We agree with Appellant that Venetian Blind is clearly distin *451 guishable on its facts from the instant case. … that the insured was aware of the exclusion or limitation and that the effect thereof was explained to him. 230 Pa.Super.Ct. at 517 , 327 A.2d at 365 , we qualified our decision by stating: Although on this record we reject

Commonwealth v. Simmons

388 Pa. Super. 271 · Supreme Court of Pennsylvania · Oct 27, 1989

The Court held that in order to prevail on this claim, the defendant has the initial burden of establishing a prima facie case of racial discrimination. … Appellant claims only that his selection for the program was “arbitrary”, and he relies on the fact that he would not have qualified for the Career Criminal Program under a set of internal guidelines established by the Philadelphia

Avondale Cut Rate, Inc. v. Associated Excess Underwriters, Inc.

406 Pa. 493 · Supreme Court of Pennsylvania · Mar 13, 1962

In the original answer the defendant clearly showed that it had breached the duty it owed to the plaintiff to obtain the insurance specifically designated in its Cover Note. … The defendant has shown no facts indicating that it is not an insurance carrier, or that it is not qualified to act on behalf of an insurance carrier. 3.

Hawthorne v. Dravo Corp., Keystone Div.

352 Pa. Super. 359 · Supreme Court of Pennsylvania · Feb 21, 1986

In these situations the prejudicial impact of the evidence clearly outweighs any probative value that it may have. … The issue, however, is whether Seiler was qualified to testify concerning the meaning of this provision in the permit.

Bible v. Commonwealth, Department of Labor & Industry

696 A.2d 1149 · Supreme Court of Pennsylvania · Jun 13, 1997

Pa.Cmwlth. 613 , 544 A.2d 514, 517-18 (1988) as follows: It is, of course, well settled that there is a presumption against a statute having retroactive effect and that such construction will not be embraced unless it is clearly … In Gibson , we held that the sovereign immunity statute passed in 1978 could not be retroactively applied to causes of action that had accrued following our overruling of common law sovereign immunity in Mayle v.

Commonwealth v. Shadron

471 Pa. 461 · Supreme Court of Pennsylvania · Feb 28, 1977

suppression of otherwise admissible evidence; the defendant should not be permitted to invoke a criminal statute intended for the benefit of the citizens of the community in order to create in himself a personal right to be immune … consisted of making Shadron available for questioning, supplying a room for that purpose, and cooperating in the search of appellant’s quarters. 5 These were but normal courtesies which officers in the nation’s military establishment

Commonwealth v. Robins

571 Pa. 248 · Supreme Court of Pennsylvania · Dec 18, 2002

As such, Auman’s statements were clearly a central aspect of the Commonwealth’s case. … In support of its position, it points to the following factors: the statements clearly were self-inculpatory in that the details placed Auman at the scene of the burglary as an active coconspirator and participant; Auman

Kelly v. Jones

419 Pa. 305 · Supreme Court of Pennsylvania · Nov 9, 1965

“But the contract which the school teachers have Avith the State is a qualified contract. It is subject *309 to delimitation of its operation by subsequent statutory changes. … The demotion therefore occurred within the three months probationary period established under the new Charter, and was a valid exercise of the authority vested in the Fire Commissioner.” In Jordan v.

PA. Environ. Defense Fd., Aplt. v. Com & Gov. Wolf

Supreme Court of Pennsylvania · Jul 21, 2021

The leases, in PEDF’s view, “clearly defined” the purpose of bonus and rental payments. … We conclude that the bonus payments, rentals and penalty interest qualify as income and not the sale of trust assets.

Commonwealth v. Duffey

519 Pa. 348 · Supreme Court of Pennsylvania · Oct 14, 1988

Furthermore, the prosecutor did not properly qualify this witness, nor did he lay a foundation for his testimony. Clearly, his testimony as to the “high speed splatter” theory of blood constituted expert testimony. … Our review of the record indicates that uncontradicted evidence clearly establishes appellant’s intent to kill the victim. First, his detailed statement graphically described how he carried out the murder.

Griggs v. Allegheny County

402 Pa. 411 · Supreme Court of Pennsylvania · Jan 16, 1961

If any airspace needed for landing or taking off were included, flights which were so close to the land as to render it uninhabitable would be immune. … The majority opinion clearly implies that the injury or taking was by the Airlines.

West Allegheny Hospital v. Board of Property Assessment, Appeals & Review

500 Pa. 236 · Supreme Court of Pennsylvania · Dec 23, 1982

Such a requirement clearly conflicts with the evident intent of the proviso to accommodate evolving institutional needs in the light of limits to public and private generosity. … easily subsidized, even in part; and yet if such costs were not the proper subject of the application of funds derived from beneficiaries of the institution, the language “endowed ... by public or private charity,” if not qualified

Commonwealth v. Duden

326 Pa. Super. 73 · Supreme Court of Pennsylvania · Mar 16, 1984

Cliggett was found by the trial court to be qualified as the record custodian of Girard Bank. … Cliggett was properly found by the trial court to be a qualified record custodian.

Biddle Appeal

390 Pa. 460 · Supreme Court of Pennsylvania · Nov 11, 1957

Thus, Philadelphia qualifies as the trust domicile according to the indicia specified by Mr. … The appellant’s contentions are clearly without merit. Affirmed.

Vulcanite Paving Co. v. Philadelphia

239 Pa. 524 · Supreme Court of Pennsylvania · Mar 17, 1913

In entering judgment for defendant non obstante the learned trial judge held that the action was not barred by the statute of limitations, but that, conceding the evidence established the invalidity of the two assessment … The construction of an agreement which gives effect to the manifest intention of the parties and is not clearly at variance with the language of the whole instrument should be adopted.

Commonwealth v. Rondon, M., Apl. of: Hobbs, S.

Supreme Court of Pennsylvania · Aug 19, 2025

Once a [J-89-2024] - 13 violation was established, the defendant or surety was required to establish that justice did not require full forfeiture by a preponderance of the evidence … There is no evidence in the record capable of establishing that Hobbs had granted Rondon’s counsel power to bind Hobbs.

Office of Disciplinary Counsel v. Monsour

549 Pa. 482 · Supreme Court of Pennsylvania · Oct 23, 1997

The record before us clearly reveals that Monsour engaged in a deliberate pattern of raiding his client trust account for personal use. … Accordingly, this action does not qualify as a mitigating factor. After disciplinary proceedings began, Monsour limited his practice to relatives and close friends.

Commonwealth v. Millien

291 Pa. 291 · Supreme Court of Pennsylvania · Oct 6, 1927

Which one of the three shots struck deceased was not clearly established. From the course the bullet took in his body, there is some indication that it may not have been the first one fired. … In that case the court instructed the jury in substance (p. 635), “that the fact that defendant used a deadly weapon was conclusive of the question of the degree of guilt,” and qualified a point of the defendant, “Murder

McConnaughey v. Building Components, Inc.

536 Pa. 95 · Supreme Court of Pennsylvania · Mar 8, 1994

We find that the clear and unambiguous language of the statute of repose establishes that a manufacturer who does nothing other than supply a defective product which later is incorporated into an improvement to real property … Thus, the statute immunizes from liability after 12 years “any” person lawfully performing or furnishing such activities.