Case law

Huntley & Huntley, Inc. v. Council of Oakmont

600 Pa. 207 · Supreme Court of Pennsylvania · Feb 19, 2009

In reaching this holding, Huntley argues, the court applied the plain language of the Act, which clearly regulates where natural gas wells may or may not be situated, thereby preempting local regulation of this feature. … The preemption doctrine establishes a priority between potentially conflicting laws enacted by various levels of government.

Trosky v. Civil Service Commission

539 Pa. 356 · Supreme Court of Pennsylvania · Jan 18, 1995

One can only speculate as to how the selections would have been made had the statutory procedure been followed throughout 4 , but clearly the relief ordered by the common pleas court placed Trosky and Cirocco in a better … Each of the officers had been assigned to the specialist position without having taken an examination, which was one of the requirements to qualify for the rank.

Mott v. Pennsylvania Railroad

30 Pa. 9 · Supreme Court of Pennsylvania · Jul 1, 1858

All free governments are established by the people for their benefit, and the powers delegated are to be exercised for their common good, and not, under any circumstances, to be sold or destroyed, so long as the nations establishing … They are the result of that liberty and equality which was established by the revolutionary struggle of our ancestors.

Commonwealth v. Smith

472 Pa. 492 · Supreme Court of Pennsylvania · Apr 28, 1977

Miller fail to qualify as an adult interested in the welfare of Barry, he also cannot be said, on this record, to have been an informed adult. … The factual situation posited in this appeal is clearly distinguishable from that presented in Commonwealth v. McFadden, 470 Pa. 604 , 369 A.2d 1156 (filed January 1977).

Commonwealth v. Zortman

611 Pa. 22 · Supreme Court of Pennsylvania · Jul 19, 2011

Consequently, the Commonwealth was under no obligation to establish operability.” 520 A.2d at 432-33 . … The Commonwealth adds that “[bjeside this omission, the definition’s orientation to design and convertibility appear to recognize, albeit tacitly, that a qualifying object might not be instantly functional.”

Commonwealth v. Lambert

529 Pa. 320 · Supreme Court of Pennsylvania · Feb 21, 1992

Death Qualified Jury Appellant challenges his conviction on grounds that the trial court allegedly erred in permitting prospective jurors to be “death qualified.” … Clearly this evidence could have been *344 discovered much earlier with due diligence.

Pa. PUC v. Friedman, E., Aplt.

Supreme Court of Pennsylvania · Dec 22, 2021

Designation of Qualified Documents for Elec. Filing, L-00070187, 2008 WL 5582647, at *2 (Nov. 19, 2008). … A public utility “must clearly state in its transmittal letter … that the record contains [CSI] and explain why the information should be treated as such.” Id. § 2141.3(a).

Cinquina v. Philadelphia Transportation Co.

362 Pa. 546 · Supreme Court of Pennsylvania · Apr 15, 1949

A green light at a traffic intersection offers but a qualified permission to proceed, and the pedestrian crossing in reliance upon it must continually be on guard for his safety: Schroeder v. Pittsburgh Rwys. … [The] presumption does not avail plaintiff in the face of the testimony of her own witness clearly establishing the negligence of decedent”: Weldon v. Pittsburgh Rwys. Co., 352 Pa. 103, 106 , 41 A. 2d 856 .

Commonwealth v. Alexander, K., Aplt.

Supreme Court of Pennsylvania · Dec 22, 2020

The plurality Justices clearly believed that the post-1995 departures from federal law starting with White rested on unsupported and inadequate foundations. … But fortunately, the links have been established. We must follow the chain and acknowledge the greater privacy protections established by the Pennsylvania Constitution and our precedents.

Fidelity Fund, Inc. v. Di Santo

347 Pa. Super. 112 · Supreme Court of Pennsylvania · Sep 20, 1985

There the defendant, a qualified chemist, was employed by plaintiff as its chief chemist. The defendant developed various new secret formulas. … Di Santo’s breach clearly goes to the essence of the contract.

Creighan v. Pittsburgh

389 Pa. 569 · Supreme Court of Pennsylvania · May 27, 1957

The Statutory Construction Act of 1937 2 provides: “No law shall be construed to be retroactive unless clearly and manifestly so intended.” … If this letter had contained only the first paragraph, it would clearly constitute a resignation as a fireman and a complete severance of the relationship between appellee and the City.

Schock, E., Aplt. v. City of Lebanon

210 A.3d 945 · Supreme Court of Pennsylvania · May 31, 2019

Accordingly, in her view, the Legislature must have intended to signify a subset of NID property owners by qualifying them as "affected" property owners. … See id. § 837(d). 20 Accordingly, several references to benefited properties within the Act clearly connote only assessed properties.

Ervin v. Pittsburgh

339 Pa. 241 · Supreme Court of Pennsylvania · May 9, 1940

Since municipalities are not immune against estoppels, the only question here is whether or not this record supports the estoppel invoked. … Any individual so holding out for twenty-four years his attorney as possessed of the power to settle claims against him would clearly be estopped to deny that agency to one who had acted to his detriment on the "fact" of

Commonwealth v. Woodward

368 Pa. Super. 363 · Supreme Court of Pennsylvania · Nov 25, 1987

It is clearly the intent of the Legislature that a child who continues his pattern of serious and violent anti-social activity into adulthood, should not receive the benefit of a cloak of immunity regarding that behavior, … Adoption of guidelines for sentencing (a) General Rule — The Commission shall adopt guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate

Hangey, R., et ux. v. Husqvarna Aplts.

Supreme Court of Pennsylvania · Nov 22, 2023

It then found that “[j]ust as clearly, the acts were performed habitually and, therefore, were of sufficient quantity.” Id. … Just as clearly, the acts were performed habitually and, therefore, were of sufficient quantity.” 208 A.2d at 256 (emphasis added).

Baker v. Crystol (Maryland Cas. Co.)

324 Pa. 333 · Supreme Court of Pennsylvania · Oct 1, 1936

The assignments of error in regard to the refusal of a new trial are based upon alleged inadequacy of the charge and the qualifying of answers made to garnishee’s points for charge. … And was its real color clearly discernible?” Since there was testimony that the car was covered with dirt and mud, there was no error in this instruction.

Crawford's Estate

340 Pa. 187 · Supreme Court of Pennsylvania · Oct 30, 1940

The qualifying phrase “as to all my property” discloses that the testator is here referring solely to the distributive provisions of the will and not to the administrative provisions. … The record clearly indicates that she has taken an active part in the administration.

Commonwealth v. Rightnour

469 Pa. 107 · Supreme Court of Pennsylvania · Oct 8, 1976

As the Supreme Court of the United States stated in Rinaldi : "This Court has never held that the States are required to establish avenues of appellate review, but it is now fundamental that, once established, these avenues … Moreover, the PCHA clearly provides review of claims such as that raised by appellant.

Leaman Transportation Corp. v. Philadelphia Transportation Co.

358 Pa. 625 · Supreme Court of Pennsylvania · Jan 9, 1948

The mere presence of the established signal did not arbitrarily impose upon the driver an absolute duty to stop. … Thus, in the instant case (without giving any consideration to the operation of the signal lights) the driver’s right of passage was merely a qualified permission to proceed carefully and lawfully.

Commonwealth v. Spotz

563 Pa. 269 · Supreme Court of Pennsylvania · Oct 20, 2000

Here, the evidence was relevant to establish motive, ie., appellant’s need to escape after the previous killings, his intent, his identity as the killer, and to establish the sequence of events leading up to the *279 murder … To the extent that relevant evidence nevertheless may not qualify for one of those two enumerated mitigating circumstances, it can always be considered under subsection (e)(8). Id. (emphasis in original).