Case law

Commonwealth v. Boyle

498 Pa. 486 · Supreme Court of Pennsylvania · Jul 8, 1982

Boyle’s handling of the minutes in question constituted a qualified denial, this too is without support in the record. … We note further that appellant in his brief also views his trial testimony as a categorical rather than a qualified denial.

Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board

607 Pa. 560 · Supreme Court of Pennsylvania · Dec 3, 2010

The record establishes that in 2007, Wegmans Food Markets, Inc. … Wegmans further demonstrated that the restaurant area in each facility would be clearly marked by four-foot walls.

Householder v. Kensington Manufacturing Co.

360 Pa. Super. 290 · Supreme Court of Pennsylvania · Jan 20, 1987

A remedy for wrongful discharge is conferred by Section 953 of that Act when it states, in relevant part, that “[t]he opportunity for an individual to obtain employment for which he is qualified, ... without discrimination … While the precise language of the Act itself, as well as case precedent, clearly establish that the trial court properly ruled that the PHRA preempted a common law action for wrongful discharge, the remarks of certain of

Chirico v. BD. OF SUP'RS FOR NEWTOWN TP.

518 Pa. 572 · Supreme Court of Pennsylvania · Jul 28, 1988

The Act clearly contemplates the payment of a disability pension. … Although the arbitrators appear to be qualifying the reduction in age, it is not absolute.

RM v. Baxter Ex Rel. TM

565 Pa. 619 · Supreme Court of Pennsylvania · Aug 21, 2001

In the same subsection, however, the General Assembly expressly qualified both the conferral of standing and the ability to invoke the substantive standard for obtaining custody as follows: “This subsection applies to a grandparent … These comments are clearly phrased in terms of imposing restrictions upon which grandparents may seek custody, as opposed to which grandparents may ultimately obtain custody; they plainly reflect the concern of at least two

American Totalisator Co., Inc. v. Seligman

489 Pa. 568 · Supreme Court of Pennsylvania · May 30, 1980

As there is no dispute concerning American Totalisator’s status as a taxpayer, it clearly has standing to maintain the instant action. … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of whether there has been

Welsh v. Kerr Coal Co.

233 Pa. 341 · Supreme Court of Pennsylvania · Jan 2, 1912

The competency of the witness to testify in this regard was clearly established, not simply by long experience in connection with coal .operations, but by scientific attainments as well. … The weight of his testimony, and that of others, with less experience perhaps, but sufficient to qualify them as experts, the correctness of their conclusions, with the reasons on which they rested, were matters wholly for

Burkholder v. Westmoreland County Institution District

362 Pa. 645 · Supreme Court of Pennsylvania · Jun 24, 1949

Cochran,” and averred that Turner and Cochran were two of the county commissioners and, as such, were “the duly elected, qualified and acting majority of the Board of Commissioners of Westmoreland County, and by virtue of … When plaintiff also relies on subsequent acts to establish the conspiracy, these acts must be such as to clearly indicate the prior collusive combination and fraudulent purpose, not slight circumstances of suspicion, and

Commonwealth v. Negri

414 Pa. 21 · Supreme Court of Pennsylvania · Mar 17, 1964

Additionally, appellant’s past history clearly indicates that he is not one totally ignorant of his legal rights. … See, 1 Varón, *33 Searches, Seizures and Immunities, page 76; Shovlin v. Commonwealth, 106 Pa. 369 (1884) ; Commonwealth v. Long, 17 Pa. Superior Ct. 641 (1901).

Wheeler v. Pierce, Kelley & Co.

167 Pa. 416 · Supreme Court of Pennsylvania · Apr 15, 1895

If the remedy under those acts obtained, it was without the restraining or qualifying conditions imposed by the act of 1887, and in any given case if the structures were subject to lien under the former acts as original erections … The reasoning upon which the decision was based was that, “ if there are two acts, of which one is special and particular, and clearly includes the matter in controversy, whilst the other is general, and would if standing

Florig v. Sears, Roebuck & Co.

388 Pa. 419 · Supreme Court of Pennsylvania · Mar 25, 1957

“Plaintiff produced direct and competent evidence which, if believed, clearly established the causal relationship between the accident and the injuries. … Welsh, 344 Pa. 392 , 25 A. 2d 182 , which are relied upon by the lower Court, medical testimony was not required to establish the causal relationship between the two accidents and the cases are on their facts clearly distinguishable

Commonwealth of Pennsylvania v. Dengler

586 Pa. 54 · Supreme Court of Pennsylvania · Dec 30, 2005

By way of background, the registration and notification provisions of Megan’s Law II apply to qualifying “offenders” and “sexually violent predators.” … be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly

Commonwealth v. Baez

554 Pa. 66 · Supreme Court of Pennsylvania · Nov 23, 1998

Moreover, the court issued a limiting instruction to the jury prior to showing the video, cautioning the jurors as to its narrow relevance and clearly instructing them not to allow the video to stir their emotions to the … The prosecutor qualified the challenged statement by immediately stating, “or words to that effect ...” T.T. at 2711.

Automobile Trade Ass'n v. City of Philadelphia

528 Pa. 233 · Supreme Court of Pennsylvania · Aug 14, 1991

Upon challenge by a distributor whose products did not qualify for the rate reductions, the tax was held unconstitutional, but the Florida courts declined to order a refund or any other form of relief for the taxes previously … an issue of first impression whose resolution was not clearly foreshadowed.

McArthur v. Kitchen

77 Pa. 62 · Supreme Court of Pennsylvania · Jan 4, 1875

The principle of'that decision is found in the first sentence of Justice Gibson’s opinion: “It is a well-established principle (he says) both in England and our sister states, that there can be no constructive possession … In his opinion in this case, Chief Justice Lewis seeks to qualify rather than overrule Kite v. Brown. Yet in its principle, as to the constructive possession, it is clearly overruled.

Commonwealth v. Smith

606 Pa. 127 · Supreme Court of Pennsylvania · May 27, 2010

Clearly a more probing inquiry is warranted if our rules are to have any meaning. 5 Second, Appellant complains that Dr. … And there are several studies that clearly show that it is not dose related in individuals.”); N.T., May 14, 2003, at 33 (testimony of the Commonwealth’s post-conviction expert that “the literature indicates that there is

Laface v. Brentwood Motor Coach Co.

387 Pa. 18 · Supreme Court of Pennsylvania · Nov 27, 1956

Applying this test which has been clearly established by a score of cases, the latest of which is Lewis v. Quinn, 376 Pa. 109 , 101 A. 2d 382 , plaintiff was guilty of contributory negligence as a matter of law. … The majority does not refer to the aforesaid cases or to the hitherto clearly established principles enunciated therein. Instead, it attempts to support its opinion by one case, viz., Connelly v.

Enfield v. Stout

400 Pa. 6 · Supreme Court of Pennsylvania · May 23, 1960

The testimony of the two Stouts, together with that of a passerby, establishes that the lights of the truck were on at the time in question. … This requires that the driver operate his automobile at such a rate of speed and in such a manner that he can always stop it within the distance that he can clearly see: Metro v.

Landis v. Workmen's Compensation Appeal Board

515 Pa. 41 · Supreme Court of Pennsylvania · Jun 8, 1987

The specific diagnosis was “presumed ocular histoplasmosis,” a rare disease the etiology of which is not clearly understood. … First, the claimant’s witness never qualified what he meant by “greater.”

Gallo v. J.C. Penney Casualty Insurance

328 Pa. Super. 267 · Supreme Court of Pennsylvania · May 11, 1984

Accordingly, reference to the Pennsylvania Vehicle Code 2 is necessary to establish whether the term “motor vehicle” encompasses snowmobiles. … To qualify as a vehicle, a snowmobile is required to be (1) a device, (2) in, upon or by which persons or property may be transported upon a highway.