Case law

SCRANTON BD. OF ZONING APPEALS v. Silas

393 Pa. 10 · Supreme Court of Pennsylvania · May 26, 1958

The record clearly demonstrates that the board abused its discretion in awarding the certificate of use. … The commercial enterprise operated by Textiles, Inc. does not remotely qualify under the provisions of the zoning ordinance as quoted.

Furey v. Thomas Jefferson University Hospital

325 Pa. Super. 212 · Supreme Court of Pennsylvania · Feb 10, 1984

Since the undisputed evidence on the extent of the bacterial infection clearly indicated that appellee’s bacterial infection was serious (i.e., E. … Bass, as a general practitioner, should not have been qualified by the trial court as an expert on the particular subject involved, i.e.,' the "acute surgical abdomen."

Commonwealth v. Bomar

573 Pa. 426 · Supreme Court of Pennsylvania · May 30, 2003

“Waiver can be clearly inferred from the actions and words of the person interrogated.” Id. … There is no constitutional requirement that each prospective juror be life qualified. Id. at 543 .

League of Women Voters of PA v. Cmwlth

178 A.3d 737 · Supreme Court of Pennsylvania · Feb 7, 2018

In answering the question of how elections must ]oe made equal, we stated: “Clearly by laws which shall arrange all the-qualified electors into 'suitable districts, and make their votes equally potent in the election; so … Clause as providing, anything more' than immunity from suit, in certain circumstances, for individual members of the General Assembly. See, e.g., Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698 (1977).

Creighan v. Firemen's Relief & Pension Fund Board

397 Pa. 419 · Supreme Court of Pennsylvania · Nov 24, 1959

The Superior Court held that “this testimony was clearly sufficient to establish an injury resulting from unusual exertion in the course of employment.” … longer a member thereof, and ordering the Board, upon receipt of that sum, to name the plaintiff a beneficiary of the Fund, entitled to monthly pension from June 21, 1954 to the present time and henceforth so long as he qualifies

Commonwealth v. Grabowski

378 Pa. Super. 454 · Supreme Court of Pennsylvania · Aug 22, 1988

(Appellants brief, p. 17) While we certainly agree with that proposition of law, we find it clearly does not apply presently. … Clearly, the appellant was not prejudiced by the courts reading of the text of 75 Pa.C.S.A. § 7102 and 18 U.S.C.A. § 511 .

Wilson Area School District v. Easton Hospital

561 Pa. 1 · Supreme Court of Pennsylvania · Mar 24, 2000

Following hearings on the taxing authorities appeal 4 , the trial court made numerous factual findings, and determined that the Hospital established that it was a “purely public charity” within the meaning of Article VIII … In order to qualify as a purely public charity, the entity must possess the following characteristics: (a) Advances a charitable purpose; (b) Donates or renders gratuitously a substantial portion of its services; (c) Benefits

Halsband v. UNION NAT. BK. OF PITTSBURGH

318 Pa. Super. 597 · Supreme Court of Pennsylvania · Aug 5, 1983

Clearly, where responsibility is shared by two or more parties, the plaintiff may sue all of them jointly, but is not compelled to do so. … Of course, this evidence did not establish the exact cause of the accident—indeed, if it had, no res ipsa instruction would have been necessary.

In Re Estate of Kauffman

352 Pa. Super. 1 · Supreme Court of Pennsylvania · Mar 20, 1986

Appellant argues that she qualifies as Ruth’s “child” for the purposes of construing the will and should receive the trust remainder. We disagree, and therefore affirm. … The rule of construction pronounced in Tafel Estate is, therefore, clearly inapplicable.

Commonwealth v. McClintic

589 Pa. 465 · Supreme Court of Pennsylvania · Nov 22, 2006

The word “such” is somehow said to refer to “current offense,” which it clearly does not. … The question is whether, once sufficient separate prior convictions are established, all subsequent crimes of violence, be they in one episode or 20, are enhanced.

Freedman v. Mutual Life Insurance Co. of New York

342 Pa. 404 · Supreme Court of Pennsylvania · May 13, 1941

The verdict of the jury was clearly opposed to the unconfradicted evidence, and the court below was guilty of no abuse of discretion in setting it aside. … Section 2 provides: “A record of an act, condition or event shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of-.its preparation, and if

Foust v. Commonwealth

33 Pa. 338 · Supreme Court of Pennsylvania · Jul 1, 1858

But the constitution gives the legislature, in the words “ until *340 otherwise directed ly law,” power to alter the Courts of Common Pleas as established in the Constitution, and when they have altered that system by requiring … Much more should such a record be required from a legislative court, called into being by a temporary emergency, and clothed with only a qualified jurisdiction in criminal matters.

Commonwealth v. Bronshtein

547 Pa. 460 · Supreme Court of Pennsylvania · Mar 25, 1997

Extrajudicial statements, which differ from confessions in that they do not acknowledge all essential elements of a crime, are generally considered to qualify for admission into evidence under the party admission exception … Appellant refused to provide further information unless the police would grant him complete immunity, place him in the Federal Witness Protection Program and pay him $50,000-100,000. “Mr.

Hackett v. Emporium Borough School District

150 Pa. 220 · Supreme Court of Pennsylvania · Jul 13, 1892

The question whether the debt should be contracted for this purpose was submitted to the decision of the qualified voters of the borough and their decision was against it. … In the case before us it is clearly the duty of the directors to.provide for the eighty persons residing in their district and demanding admission to the public schools.

Commonwealth v. Washington

547 Pa. 550 · Supreme Court of Pennsylvania · Apr 18, 1997

Thus, even assuming a Bruton violation occurred, it was harmless error in light of the properly admitted evidence clearly establishing Appellant’s guilt. See Commonwealth v. … And, in any event, Appellant has failed to establish the prejudice necessary to support his ineffectiveness claim.

Commonwealth v. Fugmann

330 Pa. 4 · Supreme Court of Pennsylvania · Nov 29, 1937

It was clearly made at a very short interval after the explosion, the time being that required by Mrs. … This court said the declarations should have been admitted, that they “were [made] by the person best qualified to know the facts [italics supplied].”

Quigley v. Pennsylvania Railroad

210 Pa. 162 · Supreme Court of Pennsylvania · Dec 31, 1904

Plaintiff’s counsel may have argued inferentially, from his answers, that his compensation would, have been large, but the court committed no error in its qualified admission of the evidence. … We can find no evidence in this voluminous paper-book which warranted the court in leaving it to the jury to find that this payment was a gratuity; on the contrary the evidence clearly shows the payment was practically for

Stoltz v. McConnon

473 Pa. 157 · Supreme Court of Pennsylvania · Jun 3, 1977

(Supp.1976-77), in order to establish, develop, and maintain an integrated mass transportation system for the Philadelphia metropolitan area. … contrary, where the applicable statute provides for a vote to be decided by a majority of the electorate, all that is required is a majority of those actually voting on the question as long as the election is available to all qualified

Sloppy v. Pennsylvania Railroad Co.

228 Pa. 636 · Supreme Court of Pennsylvania · Jul 1, 1910

The evidence establishes clearly, as the proximate cause of the accident, the failure on the part of the fireman to communicate to the engineer the order given by the conductor to halt the train. … There was nothing in the evidence which in anyway qualified this positive and direct testimony. The only question then was, was the plaintiff’s husband a fellow servant with those employed in the running of the train?

Elder v. Orluck

511 Pa. 402 · Supreme Court of Pennsylvania · Sep 25, 1986

In support of its argument and to demonstrate how narrow the immune class is, the appellant points to this Court's decision in Hack v. *410 Hack, 495 Pa. 300 , 433 A.2d 859 (1981) where we abolished inter-spousal immunity … A reading of the statutes of these states reveals that, like the Wisconsin statute, each contains only the singular "person" or "defendant" in that portion of the Act *414 which establishes the negligence comparison.