Case law

Fadgen v. Lenkner

469 Pa. 272 · Supreme Court of Pennsylvania · Oct 8, 1976

The majority’s reliance on cases where we have abolished immunities to tort actions is inapposite here. Indeed, in those cases we removed immunities so that actions can be brought. … The defendant took his appeal to the Superior Court from a summary judgment in favor of the plaintiff, sought and obtained by plaintiff under Rule 1035 of our Rulés of Civil Procedure, establishing defendant’s liability for

Davis's Estate

346 Pa. 247 · Supreme Court of Pennsylvania · Nov 24, 1942

to establish equality between her children and Howard’s children.” … Clearly the most that could possibly be said from a consideration of the entire will is that the matter is left in doubt and, hence, the whole basis of appellants’argument fails.

Blount v. Philadelphia Parking Authority

600 Pa. 277 · Supreme Court of Pennsylvania · Feb 20, 2009

As this Court explained, where the entity acts throughout the state and under the state’s control, it is clearly meant to be a Commonwealth agency for jurisdictional purposes so that it may be sued in the Commonwealth Court … On the other hand, for the purposes of determining immunity, the important factor was whether "the entity was created by the state to perform a state function so that a judgment against it would, in essence, injure the state

Tomayko v. Carson

368 Pa. 379 · Supreme Court of Pennsylvania · Oct 3, 1951

County, was the sole owner of 500 shares of the common stock of a corporation named the “Coca Cola Bottling Company of Charleroi, Pennsylvania.” 498 shares were in the name of decedent, unendorsed; of the remaining two qualifying … Under all the facts and circumstances in this case the gift was not clearly and sufficiently proven. The judgment is reversed.

Intern. Organ. Master v. Intern. Org.

497 Pa. 102 · Supreme Court of Pennsylvania · Dec 17, 1981

The established Pension Plan provides "qualified pensioners" with health and welfare benefits in addition to the normal monthly payments as set forth under the Plan. … Quite clearly, once again, resort must be had to the Pension Plan Rules and Regulations to determine the amount of this death benefit.

Patton's administrators v. Ash

7 Serg. & Rawle 116 · Supreme Court of Pennsylvania · Jun 25, 1821

Thus qualified, I perceive no error in the admission of the evidence. … The -letters of Patton were clearly evidence, and the.copy of Ash’s letter, as clearly not evidence.

Commonwealth v. Jermyn

516 Pa. 460 · Supreme Court of Pennsylvania · Oct 15, 1987

The Will was clearly admissible to prove the victim’s state of mind. See, e.g., Commonwealth v. Riggins, 478 Pa. 222 , 386 A.2d 520 (1978); Commonwealth v. … Such a talismanic requirement would clearly place form above substance.

Holmes' Appeal

379 Pa. 599 · Supreme Court of Pennsylvania · Nov 23, 1954

He must follow certain procedures which the wisdom of centuries has established. … It needs no citation of authority to establish that, included within due process of law, are the right to face one’s accuser, to summon witnesses in one’s defense, the immunity of self-incrimination, and to employ counsel

Holliday v. Hively

198 Pa. 335 · Supreme Court of Pennsylvania · Jan 7, 1901

given in the conveyance; and that instead of maintaining that she has an absolute right of disposition, unless she is expressly restrained, the converse of the proposition ought to be established, that she has no power but … We daily see the incompatibility of the wife’s protection with the qualified power of alienation given her by our statutes; and the English chancery reports show that the same mischief has ensued from the alienations allowed

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.

West Indies Mission Appeal

387 Pa. 534 · Supreme Court of Pennsylvania · Jan 17, 1957

We have consistently held that organizations which have a religious purpose may qualify for an exemption as a “purely public charity”, even though they are not “actual places of religious worship”. … Philadelphia, supra, where it clearly appeared that a large part of the work of the charity was done outside of this Commonwealth, this was not made the basis for a distinction in the tax exemption that was granted under

Elder v. Orluck

334 Pa. Super. 329 · Supreme Court of Pennsylvania · Apr 10, 1985

One example cited is interspousal immunity which was abolished in Hack v. Hack, 495 Pa. 300 , 433 A.2d 859 (1981). … These acts created general governmental tort immunity with certain specified exceptions to that immunity.

Bascom v. Danville Stove & Manufacturing Co.

182 Pa. 427 · Supreme Court of Pennsylvania · Oct 11, 1897

There certainly was no express warranty established on the trial, but the learned court below charged that the patterns should be reasonably fit and suitable for the purpose for which they were designed, and added, “ If they … Clearly such a letter is not to be regarded as an absolute refusal to accept. We cannot sustain any of these three assignments.

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.

Pittsburgh Palisades Park, LLC v. Commonwealth

585 Pa. 196 · Supreme Court of Pennsylvania · Dec 28, 2005

The Gaming Act permits up to seven Category 1 licenses to qualified horse race track facilities, up to five Category 2 licenses to stand-alone slot machine *200 locations, and up to two Category 8 licenses to hotel-resort … Indeed, based upon the prior litigation involving the Gaming Act, actual challengers who are not benefited by the Gaming Act clearly exist. Pennsylvanians Against Gambling Expansion Fund, Inc. et al., supra.

Conversion Center Charter Case

388 Pa. 239 · Supreme Court of Pennsylvania · Mar 25, 1957

It clearly appeared that the incorporators, who were not all of the same religious denomination, were reputable citizens. … established the contrary.

Commonwealth v. Lewis

523 Pa. 466 · Supreme Court of Pennsylvania · Dec 22, 1989

First, the appellant argues that a death qualified jury is conviction prone and therefore violative of the appellant’s right to a fair cross-section of the community. … The photograph, taken prior to the incident, 4 clearly depicts the appellant wearing that style of frame.

Mueller v. Monongahela Fire Clay Co.

183 Pa. 450 · Supreme Court of Pennsylvania · Jan 3, 1898

They had established a fire brick manufactory and were carrying it on. … Clearly, if this is to continue, in three or four years more, the corporation will be insolvent.

Commonwealth v. Wilamowski

534 Pa. 373 · Supreme Court of Pennsylvania · Nov 9, 1993

Answering the knock, the neighbor was faced by a young male, the Appellant, who was clearly visible under a mercury vapor light. … At both common law and statutory law, the crime of burglary or attempted burglary encompasses the element of intent to commit a felony or any qualified crime within the burglarized premises. Commonwealth v.

Commonwealth v. Truitt

369 Pa. 72 · Supreme Court of Pennsylvania · Dec 19, 1951

are based upon (1) the admission of allegedly prejudicial evidence concerning communistic connections and activities of Truitt and Smith; (2) the failure of the trial judge to charge on Truitt’s constitutional right of immunity … However, in essential features, the *77 charges in the indictments were amply and sufficiently established.