Case law

Dana v. Bank of the United States

5 Watts & Serg. 223 · Supreme Court of Pennsylvania · Mar 15, 1843

of the affairs of the said corporation, there shall be annually elected, at the banking-house in the city of Philadelphia, on the first Monday in January in each year, by a plurality of votes, which shall be given by the qualified … This, however, does not appear to be necessary from the tenor, or any particular provision contained in the Act establishing the bank.

Parks v. Pennsylvania R. R. Co.

301 Pa. 475 · Supreme Court of Pennsylvania · Sep 30, 1930

Johnson, 227 Pa. 454 ), they would not have advanced a single step in the establishment of their claim. … Perhaps this is somewhat qualified by Kreamer v. Voneida, 24 Pa.

Little v. York County Earned Income Tax Bureau

333 Pa. Super. 8 · Supreme Court of Pennsylvania · Feb 12, 1985

Moreover, [t]he duty of assessing damages is within the province of the jury and should not be interfered with by the court, unless it clearly appears that the amount awarded resulted from caprice, prejudice, corruption or … Actions against police officers premised on negligence as resulting in imprisonment are usually resolved on immunity grounds, cf Evans v.

Commonwealth v. Brown

185 A.3d 316 · Supreme Court of Pennsylvania · Jun 1, 2018

report identifying a substance seized from the defendant as cocaine, the Court rejected the notion that "neutral scientific testing" was presumptively reliable, indicating instead that forensic evidence is not "uniquely immune … Chu clearly should not have been permitted, in Dr. Osborne's absence, to testify regarding the contents of Dr. Osborne's testimonial autopsy report. Dr.

Ohio Casualty Group of Insurance v. Bakaric

355 Pa. Super. 345 · Supreme Court of Pennsylvania · Aug 1, 1986

Did the injury to Helen Bakaric result directly from the loading or use of the insured automobile and, as a result, qualify for coverage under Nationwide’s Automobile Liability Policy? Brief for Appellant at 3. … While we might have come to a different conclusion then the trial judge, we cannot say that his findings were clearly wrong.

Vann v. COM., UNEMPLOY. COMP. BD. OF REV.

508 Pa. 139 · Supreme Court of Pennsylvania · Jun 28, 1985

We observe that the Unemployment Compensation Law even limits the invocation of the Fifth Amendment privilege against self-incrimination as a basis for refusing to testify before a tribunal by extending a grant of immunity … testify, and that if he does testify his testimony may be used to establish ineligibility for benefits.

Commonwealth v. Bachert

499 Pa. 398 · Supreme Court of Pennsylvania · Dec 17, 1982

The evidence, viewed in this manner, establishes the following. … Here, no such misapprehension was present; the judge clearly understood the maximum and minimum sentence applicable.

Street Road Bar & Grille, Inc. v. Pennsylvania Liquor Control Board

583 Pa. 72 · Supreme Court of Pennsylvania · Jun 20, 2005

The Board argues that the fact that the process is initiated by the applicant, and that it is the Board which must be “satisfied” that the applicant qualifies for a license, clearly suggests *85 that the burden is upon the … We agree with the Board and hold that Section 404 clearly contemplates that the applicant has the burden of proving “good repute.”

Garbish v. Malvern Federal Savings & Loan Ass'n

358 Pa. Super. 282 · Supreme Court of Pennsylvania · Sep 29, 1986

immunity from liability rests on the party asserting the immunity. … The exculpatory clauses in this case do not use language which clearly and unmistakably expresses the intention that appellant would be relieved of the liability of an expert construction fund disburser.

Commonwealth v. Kohl

532 Pa. 152 · Supreme Court of Pennsylvania · Sep 16, 1992

Should the inability of police officers to conduct a sufficient investigation in these circumstances immunize these drivers from prosecution for drunk driving? The majority believes that it should. … The majority concedes that, where probable cause has been established, the exigency of the situation renders a warrantless search reasonable.

Zotter v. Lehigh Talley R. R.

280 Pa. 14 · Supreme Court of Pennsylvania · Mar 10, 1924

said: “In the light of this positive testimony produced by the defendant, no verdict could be permitted to stand in plaintiff’s favor, which was based on the negative and unsatisfactory evidence produced in her behalf, to establish … Appellant was, therefore, not entitled to go to the jury on this question, as she had not shown by any trustworthy evidence what the rate of movement was, whereas defendant, by witnesses qualified to speak, proved a nonnegligent

Ctr. Coalfield Justice v. Wash., Apl. of: RNC/RPP

Supreme Court of Pennsylvania · Sep 26, 2025

We clearly accepted Secretary Boockvar’s and the other petitioners’ concerns about the policy judgments that would have to be made to enact such procedures and clearly stated that it was a matter for the Legislature (the … As I noted in my dissent in Genser, county boards of elections owe their existence to the Election Code, which both establishes them and prescribes their powers and duties.11 Genser, 325 A.3d at 499-500 (Brobson, J., dissenting

In re Contest of 2003 General Election for the Office of Prothonotary of Washington County

578 Pa. 3 · Supreme Court of Pennsylvania · May 14, 2004

In considering these challenges, we found that the trial court properly dismissed the petitions concerning four election districts where the evidence established that the electors did not sign their affidavits before a notary … Although neither the Henry court nor the Giacobello court directly addressed whether a petition for a recanvass or a Petition to Open could be verified by any other means than an affidavit, both courts clearly proceeded on

Springer v. Allegheny County

401 Pa. 557 · Supreme Court of Pennsylvania · Nov 15, 1960

The real estate experts produced by the county were admittedly well qualified to render their opinions of the property’s fair market value. … In fact, the trial judge specifically recognized that one of the county’s two real estate experts had “good qualifications” and that the other was “well qualified.”

Massachusetts Bonding & Ins. v. Johnston & Harder, Inc.

343 Pa. 270 · Supreme Court of Pennsylvania · Oct 1, 1941

The “day in court” which plaintiff was clearly entitled to in that stage of the case was denied it. It was also denied the defendant, Johnston & Harder, Inc., but since the decree was in its favor it is not complaining. … What the law does require in eases of this character is that the evidence shall with a fair degree of probability establish a basis for the assessment of damages.

Pennsylvania Funds Corp. v. Vogel

399 Pa. 1 · Supreme Court of Pennsylvania · Mar 22, 1960

The lower court found that the covenants had clearly been violated but awarded only partial relief. This appeal ensued. … Weston Vogel and Income Planning Corporation qualified as broker-dealers on September 25, 1958, and have been so dealing in competition with Pennsylvania Funds since that date.”

Commonwealth v. Zimmerman

391 Pa. Super. 569 · Supreme Court of Pennsylvania · Mar 2, 1990

In this case, appellant did not independently establish the reliability of the recipient’s identification of appellant as the caller. See Commonwealth v. Sullivan, supra. … Where, as in this case, the weight of competent evidence clearly supports the verdict, we decline appellant’s invitation to find error. Commonwealth v. Harvey, 514 Pa. 531 , 526 A.2d 330 (1987).

Commonwealth v. Brown, L.; of: Family Members

Supreme Court of Pennsylvania · Jun 16, 2026

With this definition of the adversarial process in mind, one sees clearly the dramatis personae, their respective roles, and the method to be used. … This Court has never held that prosecutors are immune from claims of conflict of interest under our Rules of Professional Conduct.

Mitchell, L. v. E. Shikora, D.O., Aplts.

Supreme Court of Pennsylvania · Jun 18, 2019

The circumstances of the case at bar do not remotely qualify. This case involved a routine medical malpractice case. … The surgeon uses the tips of the surgical scissors to push the peritoneum to the side to ensure that he or she “can clearly see through the membrane” and identify the organs and anatomical structures thereunder.

Commonwealth v. Septak

359 Pa. Super. 375 · Supreme Court of Pennsylvania · Dec 12, 1986

Even if we were to assume that such notice is required, the record clearly shows that it was given in this case. … Supposedly, under the dissent's rationale, the fact that the defendant was not aware of or present during the use of the weapon on the victim should render him immune from the effects of the weapon enhancement statute.