Case law

Markovitz v. Markovitz

336 Pa. 136 · Supreme Court of Pennsylvania · Apr 17, 1939

The primary burden which rested upon plaintiffs was to establish the oral contract relied upon in all its essential particulars: Solis v. Harr, 325 Pa. 100 . … Friedman and the Central Trust and Savings Company, were appointed and qualified as the executors under his will. In addition to his widow, he was survived by four children: Sydney J. Markovitz, Leah M.

Commonwealth v. Rodriquez

543 Pa. 651 · Supreme Court of Pennsylvania · Apr 3, 1996

that the discovery of an officer’s surveillance location falls within the discretionary disclosure requirements of Rule 305 B(2) of the Pennsylvania Rules of Criminal Procedure and that such information is subject to a qualified … of these cases are clearly distinguishable from Payne and therefore compel a different result.

Commonwealth v. Moore

594 Pa. 619 · Supreme Court of Pennsylvania · Dec 28, 2007

The Commonwealth thus clearly could provide the jury with motive, malice and ill will and more without the Burroughs family and Davis.”). … While this evidence was also hearsay, the underlying declaration qualifies for entry into evidence as an admission. See Pa.R.E. 803(25). .

Hammons, P. v. Ethicon, Inc., Aplts.

Supreme Court of Pennsylvania · Oct 21, 2020

Despite these recent decisions, the underpinnings of personal jurisdiction are well established. … should not be the basis of a jurisdictional analysis, which should instead focus on “the defendant’s relationship to the forum State:” “Indeed, to treat each plaintiff's claim as an independent unit that must independently qualify

Consumers Education & Protective Ass'n v. Schwartz

495 Pa. 10 · Supreme Court of Pennsylvania · Jul 8, 1981

[or that the] Charter Commission .. . clearly rejected specific limitations on the Council’s compensation powers.” (Commonwealth Court Slip Op. pp. 23-24). . … Section 11 of the Home Rule Act provides in pertinent part: Any new charter or amendments to the charter of a city thus proposed, which are approved by a majority of the qualified electors voting thereon, shall become the

Sprague v. Walter

518 Pa. 425 · Supreme Court of Pennsylvania · May 31, 1988

It has become increasingly apparent that the confines of that privilege must be more clearly delineated. … This particular privilege was clearly designed to be an absolute one in that it immunizes the media against any legal compulsion directed at requiring disclosure of the source of the information.

Commonwealth v. Chase

394 Pa. Super. 168 · Supreme Court of Pennsylvania · Apr 23, 1990

Our standard of review of the grant of a suppression motion is well established. … This case is clearly distinguishable from Jackson .

DeFrancesco v. Western Pennsylvania Water Co.

329 Pa. Super. 508 · Supreme Court of Pennsylvania · Jun 1, 1984

His logic is that since agency and authority were clearly exhibited in Berkebile , and since agency and authority were clearly not exhibited in Murray , in neither case did the supreme court have the occasion “to consider … The reconsideration of established legal principle merely on an attack that a more liberal rule should be applied, renders every established legal principle questionable in undermining the doctrine of stare decisis. 2 *520

Miller v. Eshleman

3 Sadler 13 · Supreme Court of Pennsylvania · Oct 4, 1886

He had previously defined these methods of delivery and had said: “Where an instrument is formally executed and delivered and there is nothing to qualify the delivery but keeping the deed in the hands of the executing party … But the court gave him the benefit of an instruction to the jury, that they might find a delivery in any of the ways Avhich the law recognizes as sufficient to establish that fact.

46 South 52nd Street Corp. v. Manlin

398 Pa. 304 · Supreme Court of Pennsylvania · Jan 18, 1960

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … Such authorization was clearly granted by ordinance in Pickup v. Philadelphia & Reading Ry. Co., 29 Pa. Superior Ct. 631 (1905). Such authorization was not present in Thomas v. Inter-County Street Ry., supra.

Commonwealth v. Smith

391 Pa. Super. 154 · Supreme Court of Pennsylvania · Feb 22, 1990

Here the trial court concluded that “[a]n order of Court suppressing evidence necessary to establish a conviction clearly qualifies as an ‘acquittal’ under f§ 110]". … "A finding by a committing magistrate that the Commonwealth has failed to establish a prima facie case is not a final determination, such as an acquittal____" Commonwealth v.

Incollingo v. EWING

444 Pa. 263 · Supreme Court of Pennsylvania · Jan 25, 1971

While originally directed to showing malpractice in the doctor’s treatment of aplastic anemia, this was a cause of action clearly not embraced by the pleadings, and was an approach eventually abandoned by the plaintiffs. … We decline to accept the proposition that a qualified doctor can so easily turn himself into a dupe.

Gingold v. Audi-Nsu-Auto Union, A.G.

389 Pa. Super. 328 · Supreme Court of Pennsylvania · Dec 6, 1989

Audi is not immunized by Gingold’s passive restraint claims based upon preemption. … “[T]he purpose of [the] safety standards is to establish minimum performance standards for automotive safety; they do not establish the standard of conduct required under the common law.”

Turner v. Commonwealth

86 Pa. 54 · Supreme Court of Pennsylvania · May 6, 1878

If not, its use, in the connection in which it now stands, was unfortunate, for grammatically it qualifies and characterizes the judicial districts, and does not limit the number of judges. … He says (page 20 of the paper-book), “an alibi is a perfect defence when it is fully, clearly, and satisfactorily established, but the burden is upon the person asserting it to establish it.”

Gwinn v. Kane

465 Pa. 269 · Supreme Court of Pennsylvania · Nov 26, 1975

This case, involving no questions of judicial administration, was clearly within the original jurisdiction of the Commonwealth Court, as conferred by section 401(a)(1) of the Appellate Court Jurisdiction Act of 1970, Act … House Bill 1975, introduced in the 1974 session of the General Assembly would have established an independent special prosecutor, appointed for a term of six years.

Lord Appeal

368 Pa. 121 · Supreme Court of Pennsylvania · Jun 27, 1951

There was no evidence to establish that the structure would be unsightly, although it is probable that some people would consider it so. … It was probably because of this historical origin and development of our Country and the rights, privileges and immunities guaranteed by our Constitution, some of which are apparently little known or ofttimes forgotten, that

JOHNSTON, INC. v. Com., Dept. of Revenue

556 Pa. 22 · Supreme Court of Pennsylvania · Mar 26, 1999

Although we are perplexed at the Board’s failure to discover long established precedent from this court which is squarely on point, we do not agree with Johnston that constitutional principles require that this court compound … The Fourteenth Amendment to the United States Constitution provides in relevant part: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any

Kaplan v. Philadelphia School District

388 Pa. 213 · Supreme Court of Pennsylvania · Mar 25, 1957

Because a teacher *217 passes certain qualifying grades, she is not automatically so secure in her position that if she commits some act detrimental to society or to the children placed in her charge, the superintendent of … Certainly, if it were established that a teacher had burned school books or had attempted to set fire to the schoolhouse itself, it could not be argued that he was immune from immediate suspension.

Bachman v. Zoning Hearing Board of Bern Township

508 Pa. 180 · Supreme Court of Pennsylvania · Jul 3, 1985

Although he testified that he “was consciously working with that aspect in mind,” 2 the record clearly shows that he never took any steps in that direction. … In an analogous situation, where a landowner attempted to establish that he operated a nonconforming use prior to a zoning change, this Court, by Mr.

White's Appeal

287 Pa. 259 · Supreme Court of Pennsylvania · May 12, 1926

Obedience to such regulation is not taking property without due process; that clause does not qualify the police power: C., B. & Q. Ry. Co. v. Drainage Commissioners, 200 U. S. 561 ; Salem v. … Section 32 (b) establishes a building line on streets wholly or partially built up.