Case law

Commonwealth v. Besch

544 Pa. 1 · Supreme Court of Pennsylvania · Apr 17, 1996

I recognize that this well-established line of federal cases is not binding on us in interpreting our own state statute. … For example, associations of persons engaged solely in “loan sharking, the theft of and fencing of property, the importation and distribution of narcotics and other dangerous drugs” [ 84 Stat. 922 -23] would be immune from

Allegheny County v. Monzo

509 Pa. 26 · Supreme Court of Pennsylvania · Nov 13, 1985

The evidence *36 offered in support of the foregoing claims is clearly sufficient to establish financial injury to Appellee. … of competitive enterprises ____ The instant taxing statute clearly falls within the category of special taxes prohibited by Pa.

Maul v. Rider

51 Pa. 377 · Supreme Court of Pennsylvania · Feb 5, 1866

It was then held ( 10 Wright 378 ), that the testimony, if found by the jury to be true, was sufficient to establish an executed parol division of the land. … The first is that it was qualified by the element of a supposed agency by Rider for Jacobs.

Commonwealth v. Jones Jr., R., Aplt.

Supreme Court of Pennsylvania · Oct 30, 2020

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 a lack of support so as to be clearly … We concluded that based upon research available at the time, expert testimony on this topic should have been precluded as it was not “sufficiently established to have gained general acceptance in the particular field in which

BORDEN v. BALDWIN

444 Pa. 577 · Supreme Court of Pennsylvania · Oct 12, 1971

It is well established that preliminary objections admit as true all facts which are well and clearly pleaded, but not the pleader’s conclusions therefrom or averments of law: Gardner v. … In granting the privilege of incorporation to qualified nonprofit groups, the Legislature has rightfully imposed certain duties and safeguards, one of which is the requirement of formal dissolution before such corporation

Commonwealth v. Arnold

356 Pa. Super. 343 · Supreme Court of Pennsylvania · Aug 28, 1986

disclaimed that the right to privacy included the right to engage in homosexual activity when prohibited by law and went on to say (Justice White speaking for the court): Plainly enough, otherwise illegal conduct is not always immunized … appellant would have us find that the thrust of the law is treatment of the offender and reporting sexual activity to the police by the C.Y.S. social worker, would have a “chilling effect” on that treatment, the law is clearly

Commonwealth v. May

587 Pa. 184 · Supreme Court of Pennsylvania · May 25, 2006

Accordingly, May cannot establish that his trial counsel rendered ineffective assistance in this regard. … Thus, we conclude that May has established the second component of ineffective assistance of counsel.

Commonwealth v. Ludwig

366 Pa. Super. 361 · Supreme Court of Pennsylvania · Sep 8, 1987

We do not need the testimony or treatises of behavioral science experts to establish that, qualitatively, such a witness, who is also a victim, is not to be equated with a normal or average adult. … From the late nineteenth century, to the present, it is a time clearly perceived by most authorities to be the era of *375 enlightenment in the care and treatment of children.

Weber v. Philadelphia

437 Pa. 179 · Supreme Court of Pennsylvania · Feb 17, 1970

provide as follows: “The Procurement Commissioner of the City of Philadelphia reserves the right to reject any and all bids, as he may deem in the best interest of the City” (Specification No. 22). 4 All the bidders were clearly … It was agreed that considerations of decor, paneling, furnishing and the other numerous requirements involved in the establishment of the Club are to be first class in every respect.

Boswell v. South Carolina Insurance

353 Pa. Super. 108 · Supreme Court of Pennsylvania · May 5, 1986

No attempt, however, is made to spell out the myriad details of consanguinity, affinity, and adoption which qualify one as a relative. … While in the service Boswell did not maintain or establish his own habitation but was stationed and lived on base in the barracks. (N.T. 6/28/83, 360-7a).

Bailey v. Brown Township

190 Pa. 530 · Supreme Court of Pennsylvania · Apr 3, 1899

It was based on the alleged negligence of the defendant which on the trial of the case in the court below was established by clear and satisfactory evidence. … Oakland Township, 158 Pa. 405 , clearly recognize and sustain the settled rule or principle that “ a person who knows a defect on a highway and voluntarily undertakes to test it when it could be avoided cannot recover against

In re M.L.

562 Pa. 646 · Supreme Court of Pennsylvania · Aug 22, 2000

A dependency proceeding primarily involves two issues: (1) whether the agency can establish that the child is dependent under the existing custody arrangement, 42 Pa. … The Juvenile Act clearly provides that “[i]f the court finds that the child is not a dependent child or that the allegations of delinquency have not been established it shall dismiss the petition .... ” 42 Pa.

Varner v. Commonwealth, Department of Public Welfare

558 Pa. 271 · Supreme Court of Pennsylvania · Aug 18, 1999

Given that this regulatory scheme clearly requires eligibility for assistance to be determined prospectively on a month-by-month basis, the BCAO could not statutorily calculate appellee’s income for a period that is four … Varner did not qualify for AFDC. 55 Pa.Code § 141.21.

Mayer v. Walter

64 Pa. 283 · Supreme Court of Pennsylvania · Feb 28, 1870

It is clearly settled also, that the proceeding must be determined finally before any action lies for the injury; because, as it is said in Arundell v. … But- however that may be, the case goes much too far for the qualified doctrine here maintained; for *289 the reversal there was expressly averred to have been upon the merits, and the ground of the decision, as stated by

Commonwealth v. Dunkle

529 Pa. 168 · Supreme Court of Pennsylvania · Jan 22, 1992

The expert witness herein, based upon her background, training and extensive experience working with the victims of child sexual abuse, was clearly qualified to state what she had observed regarding the behavioral characteristics … of such victims, and the trial court did not err in qualifying her as an expert witness.

St. Margaret Seneca Place v. Board of Property Assessment

536 Pa. 478 · Supreme Court of Pennsylvania · Apr 20, 1994

He qualified his testimony by reference to the current level of Medicaid patients and the current resident census. … Margaret Health System to establish the nursing home.

Parsons Bros. Slate Co. v. Commonwealth

418 Pa. 389 · Supreme Court of Pennsylvania · Jun 30, 1965

`A contract is not made so long as, in the contemplation of both parties thereto, something remains to be done to establish contract relations': 12 Am. Jur., Contracts, § 23, p. 519. … This clearly was not the intent of the Commonwealth. Obviously it did not propose to be bound until plaintiffs at least executed the release.

Harrington v. Carroll

428 Pa. 510 · Supreme Court of Pennsylvania · Mar 14, 1968

If the qualification of a person to be a candidate for the office of City Council of Philadelphia is challenged upon the ground that such person is not qualified, by reason of lack of citizenship, residence in the City, or … Kelly’s qualification, or lack thereof, could have been established prior to the time of his nomination and election. The present challenge to Mr.

Commonwealth v. Carpenter

472 Pa. 510 · Supreme Court of Pennsylvania · Apr 28, 1977

This evidence was clearly sufficient to support a finding by the jury that it was Carpenter who telephoned Mrs. … The victim was pronounced dead at the scene and the cause of death was later established as stab wounds of the chest and back.

Szabo, S. v. PennDOT, Aplt.

202 A.3d 52 · Supreme Court of Pennsylvania · Feb 20, 2019

objections under Section [306] of the Code are intended as a procedure to resolve expeditiously all legal and factual challenges to the declaration of taking before the parties move to the second distinct proceeding of qualifying … I would decline to expand the range of circumstances establishing a de facto taking to include unsubstantiated averments of mistake on the face of plans attached to a declaration of taking which clearly set forth the parcels