Case law

AMERICAN TR. ASSOCIATIONS v. Scheiner

510 Pa. 430 · Supreme Court of Pennsylvania · May 6, 1986

They establish that the States are empowered to develop “uniform, fair and practical” standards for this type of fee ... (Numerous citations omitted.) … Again, the tax clearly passes constitutional muster under the first two facets of Complete Auto, the “substantial nexus” and “fairly apportioned” requirements.

Commonwealth v. Albrecht

554 Pa. 31 · Supreme Court of Pennsylvania · Nov 23, 1998

In determining that these statements do not qualify as excited utterances, the Majority essentially finds, in the first instance, that the violent argument between the Albrechts was not a sufficiently startling occurrence … Rather, I believe that a child witnessing the physical abuse of his mother can clearly be considered a shocking event for purposes of the excited utterance exception to the hearsay rule. See Commonwealth v.

Philadelphia Saving Fund Society v. Myers

406 Pa. 438 · Supreme Court of Pennsylvania · Mar 20, 1962

Board is composed of able and experienced experts who are dealing with technical questions,. a Court should be loath to find a clear abuse of discre-. *450 tion upon a subject or subjects as to which they are far better qualified … That case is clearly distinguishable because that decision was based upon the following important differentiation: “The Banking Board did not find, however, that the banking facilities in the Ardmore community were adequate

Robinson v. Wirts

387 Pa. 291 · Supreme Court of Pennsylvania · Dec 29, 1956

If a jury has the competence to determine whether a doctor has exercised proper care when he allows a sponge to remain in a patient’s body, why would it not be qualified to determine whether a doctor used the proper care … One would need to search a long time before finding a case where the facts of themselves more clearly established negligence on the part of defendant doctors than was revealed without expert testimony, in the Powell case.

Nieves v. Akresh

541 Pa. 489 · Supreme Court of Pennsylvania · Aug 28, 1995

Pri- or to trial, Appellant sought summary judgment, arguing that she was immune from liability because the accident and Appellee’s injuries occurred during the course of their employment. … Clearly, the Board does not merely acquiesce to petitions presented to it, rather, it must follow the provisions of the Act and established case law.

Commonwealth v. Brown

302 Pa. Super. 391 · Supreme Court of Pennsylvania · Jul 30, 1982

Its trial evidence, clearly directed towards establishing appellant’s guilt as an accomplice, was in conformity with the descriptive paragraph contained in the robbery information. … commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity

Susser v. Wiley

350 Pa. 427 · Supreme Court of Pennsylvania · Sep 28, 1944

Even the so-called “presumption of due care” is merely a factual one which is overcome when contributory negligence is established by the evidence : Tull v. Baltimore & Ohio R. … Such an instruction would have been clearly erroneous.

Commonwealth v. M'Closkey

2 Rawle 369 · Supreme Court of Pennsylvania · Jan 28, 1830

The obligation of a law in governments established on express compact, and on republican principles, must be determined by the nature of the power on which it is founded. … not given him by the law, and is as clearly a criminal proceeding.

Kasula Estate

456 Pa. 62 · Supreme Court of Pennsylvania · Mar 25, 1974

. *66 A claimant must demonstrate not only Ms “identity as a qualified statutory heir but also that such an heir in fact existed.” Demczuk Estate, 444 Pa. 212, 218 , 282 A.2d 700, 703 (1971). … In his 1963 petition captioned “petition to pay balance for distribution,” the administrator clearly questioned the existence of any Soviet heirs, there stating: “There has been no verification of the existence of Nikolai

Smith v. United News Co.

413 Pa. 243 · Supreme Court of Pennsylvania · Jan 7, 1964

Schultz, 306 Pa. [427, 160 Atl. 125 (1932)], supra, the Court *248 said (pages 431, 432, 433) : ‘. . . our cases have clearly established the fundamental proposition that due care is required at street intersections under … The signal to cross is not a “command to go, but a qualified permission,” and the qualification is “to proceed lawfully and carefully,” as a prudent man would under the circumstances, which certainly requires looking to the

Commonwealth v. Gilligan

195 Pa. 504 · Supreme Court of Pennsylvania · Apr 30, 1900

L. 254, sec. 41, and that they are properly qualified and entitled to hold the office, if the act is valid. … Smith, 176 Pa. 213 , it was said that the principle was established “ that a law which does not exclude any one from a class, and applies to all the members of the class equally is general.

Rice v. Hill

315 Pa. 166 · Supreme Court of Pennsylvania · Apr 10, 1934

court held that where an attorney in the trial of a cause wilfully and intentionally makes an offer of wholly irrelevant and incompetent evidence, or makes improper statements as to the facts in his address to the jury, clearly … Damages are never presumed; the plaintiff must establish by evidence such facts as will furnish a basis for their assessment, according to some definite and legal rule.

Baker v. Lafayette College

350 Pa. Super. 68 · Supreme Court of Pennsylvania · Jan 28, 1986

Therefore the privilege, or immunity, is absolute and the protection that it affords is complete. … This rationale was clearly stated by the Supreme Court of Oregon in Lee v. Paulsen, 273 Or. 103, 106 , 539 P.2d 1079, 1080-81 (1976): Shinglemeyer v.

Ed. McKean Oldsmobile Co. v. Pittsburgh

407 Pa. 106 · Supreme Court of Pennsylvania · Apr 17, 1962

Justice Musmanno, In Pittsburgh the Oldsmobile Division of the General Motors Corporation has established what is known as a Car Locator System, that is to say, in a certain *108 office a file of cards is maintained with … That it pays the tax on some of its activities does not prevent immunity from tax on its nonprofit activities (H. J. Heinz Company v. School District of Pittsburgh, 170 Pa.

O'DONNELL v. Bachelor

429 Pa. 498 · Supreme Court of Pennsylvania · Apr 16, 1968

There is nothing in the record to establish such an association. … ■ >- This Court specified quite clearly the law in this respect in the case of Fleischman v.

Commonwealth v. Paolello

542 Pa. 47 · Supreme Court of Pennsylvania · Sep 22, 1995

In addition, our review of the sufficiency of the evidence as set forth above clearly establishes that the verdicts on the multiple charges of aggravated assault and criminal conspiracy were not against the weight of the … This argument is clearly without merit.

Smith v. Pachter

342 Pa. 21 · Supreme Court of Pennsylvania · Jan 30, 1941

The present cases are clearly distinguishable from those cited by the majority. In Yeager n. … The majority has suggested no reason why coasters (particularly of the ages of these young ladies) should be relieved from these common requirements of prudence, and be treated as a special class immune from fault.

Amos v. Delaware River Ferry Co.

228 Pa. 362 · Supreme Court of Pennsylvania · May 24, 1910

Her narrative of the occurrence, neither qualified nor contradicted, showed a case clear of contributory negligence, and it was extreme indulgence to the defendant ■ to allow a submission of the question to the jury. … The following quotation from the opinion establishes the third, and it is too explicit to be misunderstood: “These statutory limitations of liability, so construed by the supreme court of the United States, would seem to

Commonwealth v. Griffin

357 Pa. Super. 308 · Supreme Court of Pennsylvania · Sep 29, 1986

The prosecutor asked Kellington whether appellant and Walls were suggesting Bricker was “qualified to do this sort of thing,” and Kellington responded, “Yes. … Clearly, appellant need not have committed criminal solicitation to have committed homicide. Consequently, criminal solicitation is not a lesser included offense of homicide.

Harsco Corp. v. Klein

395 Pa. Super. 212 · Supreme Court of Pennsylvania · Jun 20, 1990

The record established that the employer had not “stolen” Rollins’ customers and had not knowingly solicited Rollins’ customers. … Clearly, in the matter before us, there was absent the essential factor of irreparable damages.