Case law

Commonwealth v. Coles

265 Pa. 362 · Supreme Court of Pennsylvania · Jun 21, 1919

Others of the company fired shots, one taking effect in the shoulder of an employee of the establishment. All four were armed with pistols which they exhibited. … As will readily be observed the qualifying, and to that extent the governing, word in the rule as stated by Mr. Justice Agnew in the case cited, is the word “unconnected.”

Commonwealth v. Bethenergy Mines, Inc.

563 Pa. 170 · Supreme Court of Pennsylvania · Sep 29, 2000

Bethenergy then appealed the resulting modified Compliance Order to the Board. 8 Because the Board concluded that DEP failed to meet its burden of establishing by a preponderance of evidence that Bethenergy’s mining activities … We agree with the dissent of Senior Judge Rodgers that this would clearly elevate form over substance.

Jones v. Muir

511 Pa. 535 · Supreme Court of Pennsylvania · Sep 25, 1986

Liability for the charges was established by the Act, which also directed that the fund be established. Thus the fund was created by the Act. … They also claim the award is barred under the doctrine of sovereign immunity. . Act of July 9, 1976, P.L. 586, No. 142, § 2. . Act of July 9, 1976, P.L. 586, No. 142, § 2. .

Commonwealth v. Sanchez

614 Pa. 1 · Supreme Court of Pennsylvania · Dec 21, 2011

Therefore, the exhibits were relevant and not clearly inflammatory. … Supreme Court clearly establishes that it is unconstitutional.”). .

Commonwealth v. Thomas

552 Pa. 621 · Supreme Court of Pennsylvania · Aug 18, 1998

Morris, 546 Pa. 296 , 684 A.2d 1037 (1996) (in which this Court explained the process of life qualifying jurors). … This issue has no merit because the record shows that Thomas’ trial counsel, who continues to represent him in this appeal, life qualified the jury- 10 .

Pennock v. Eagles

102 Pa. 290 · Supreme Court of Pennsylvania · May 7, 1883

We are of opinion that the testator intended to set apart and establish a distinct fund out of the corpus of his estate, real and personal, to answer the exigencies of his will, in the provision made for his daughters: this … We think this intention of the testator is clearly shown by the entire expression of the will.

Blenon's Estate

1 Brightly 338 · Supreme Court of Pennsylvania · Apr 17, 1843

The parson has a qualified fee, but the land becomes the perpetual inheritance of the church. 9 Craneh 47, 53, 329; Co. Lit. 341 a. b.; 2 Mass. Rep. 500 . In Beatty v. … In Sir Francis Moore’s reading on the 43 Eliz., various cases are referred to which show clearly that charities stood upon the same footing in equity before the statute as they have done since.

Interstate Cemetery Co. Appeal

422 Pa. 594 · Supreme Court of Pennsylvania · Sep 27, 1966

It specifically exempted and immunized such lands from condemnation for such purposes. It was, therefore, unnecessary to enunciate which bodies could condemn and which could not. … The 1945 statute authorizes the Secretary of Highways, with approval of the Governor, to change, alter or establish the width, lines, location or grades of any state highway or intersecting road in any township, borough or

Bassett v. Pennsylvania Railroad

201 Pa. 226 · Supreme Court of Pennsylvania · Jan 6, 1902

This was clearly competent as tending to establish the plaintiff’s title to this part of the land in dispute and his right to recover for the trespass upon it, provided the land was not a part of the defendant’s right of … In that event, as distinctly said in the judge’s charge, the agreement would not aid the plaintiff in establishing his title to the easement.

Nippon Ki-Ito Kaisha, Ltd. v. Ewing-Thomas Corp.

313 Pa. 442 · Supreme Court of Pennsylvania · Nov 29, 1933

As the years go by, and we are brought face to face with many ingenious attempts to evade or qualify it, we are increasingly convinced of the necessity for holding fast to this ancient landmark of our constitutional existence … Hence the “general jurisdiction” referred to, cannot establish a public policy against the arbitration sought for, which, on the contrary, it now establishes.

Purman Estate

358 Pa. 187 · Supreme Court of Pennsylvania · Nov 24, 1947

‘a transfer or setting over of property, or of some right or interest therein, from one person to another, and, unless in some way qualified, it is properly the transfer of one whole interest in an estate, chattel or other … Counsel for a trustee is entitled to be paid out of the corpus of the estate, and likewise an *192 attorney for a beneficiary who succeeds in establishing the right of the estate to a fund or specific property, or in protecting

Kline Township School Directors' Case

353 Pa. 91 · Supreme Court of Pennsylvania · Sep 25, 1945

The court below found from the evidence that the warrants used by the respondents to obtain money from the school district were clearly illegal. … The mandatory duties of school directors are clearly set forth in the School Code.

Thomas v. Citizens Pass. Ry. Co.

132 Pa. 504 · Supreme Court of Pennsylvania · Feb 24, 1890

In establishing the negligence of the company, the burden of proof is upon the plaintiff, and we think she has failed in establishing a state of facts from which negligence could be fairly inferred. … Her own testimony, taken with that of her own witnesses, clearly convicts her of negligence, which was the principal, if not the sole, cause of the injury. The judgment is reversed.

Ullom v. Boehm

392 Pa. 643 · Supreme Court of Pennsylvania · May 26, 1958

decide the Act of 1956 unconstitutional on the ground that it offends against Article III, section 3 of the Constitution of Pennsylvania which prohibits the passage of bills containing “more than one subject, which shall be clearly … Although the plaintiff does not qualify as an optometrist he deals in prosthetics to the eyes.

Cochrane v. Szpakowski

355 Pa. 357 · Supreme Court of Pennsylvania · Oct 7, 1946

‘The general rule is not to entertain jurisdiction to decree a specific performance respecting goods, chattels, stocks, dioses in action and other things of a merely personal nature; but the rule is qualified, and is limited … The admission of the letter into evidence was clearly within the discretion of the chancellor.

In Re Estate of Porter

463 Pa. 411 · Supreme Court of Pennsylvania · Oct 3, 1975

Urquhart’s Estate, supra; Nagle’s Estate, 418 Pa. 170 , 210 A.2d 262 (1965). 6 Here, three well-qualified experts testified that appellant is competent, and their testimony was uncontradicted. … That concern is clearly not a sufficient basis for determining that, notwithstanding the uncontradicted testimony of the experts, appellant had failed to establish by a fair preponderance of the evidence that he is competent

Commonwealth v. Drum

58 Pa. 9 · Supreme Court of Pennsylvania · Jul 1, 1868

Voluntary manslaughter often so nearly approaches murder, it is necessary to distinguish it clearly. … But if the evidence clearly establishes the killing by the prisoner purposely, with a deadly weapon, an illegal homicide of some kind is established, and the burthen then falls upon the prisoner, and'not on the Commonwealth

Commonwealth Ex Rel. Smith v. Ashe

364 Pa. 93 · Supreme Court of Pennsylvania · Jan 20, 1950

Drayton 3 or prepare or present the defense, either in establishing insanity as a complete defense or in mitigation of the penalty.’ … William Drayton, Jr., a qualified psychiatrist, to examine Smith and to report to the court as to Smith’s mental condition (as hereinbefore stated). 4. Dr.

Harris v. State Board of Optometrical Examiners

287 Pa. 531 · Supreme Court of Pennsylvania · Sep 27, 1926

As the record discloses this conviction, .it would conclude the question here raised, unless the rule of conduct prescribed by the legislature and violated was clearly in derogation of rights secured by the 11th Amendment … This does not follow, as one learned in that profession is better qualified to treat the eye and determine to a degree from an inspection of it what would or would not be necessary in glasses or medicine than one having an

Commonwealth Ex Rel. Schermer v. Franek

311 Pa. 341 · Supreme Court of Pennsylvania · Mar 20, 1933

to hold it.......The courts ought not to consent to any holding which will put the power arbitrarily or without remedy or redress into the hands of any one, two, or three, to prevent a candidate for office from establishing … In the same section the act sets forth, clearly and adequately, an orderly procedure for the elimination of officers under the borough form of government *346 when the borough is merged or incorporated into a city: “Each