Case law

Commonwealth v. Presbury

329 Pa. Super. 179 · Supreme Court of Pennsylvania · Jun 1, 1984

Appellant’s suggestion that Holmes’ entire “lengthy juvenile record” should have been introduced and shown to the jury is clearly without merit. … It was discovered prior to trial, however, that the employer was not able to qualify as a character witness because he did not know appellant’s reputation in the community and could express only his personal opinion regarding

Singer v. Sheppard

464 Pa. 387 · Supreme Court of Pennsylvania · Jun 26, 1975

In this case the legislature clearly chose an improper procedure, and no amount of semantics can justify the course of action chosen. The opinion of Mr. … Philadelphia Bd. of Public Educ., 453 Pa. 584 , 305 A.2d 877 (1973) (abrogation of governmental immunity); Falco v. Pados, 444 Pa. 372 , 282 A.2d 351 (1971) (abrogation of parental immunity); Niederman v.

In re Anonymous No. 98 D.B. 92

23 Pa. D. & C.4th 452 · Supreme Court of Pennsylvania · Jul 7, 1994

Therefore, because the drafters did not include qualifiers in the language of Rule 1.15(a), and they did use such qualifiers elsewhere in the rules, the literal *463 language clearly suggests a strict approach to the requirements … However, the evidence clearly established that at least part of the check was for the anticipated cost of a master. (N.T. p. 36; Stip. no. 11.)

Shechter v. SHECHTER

366 Pa. 30 · Supreme Court of Pennsylvania · Nov 20, 1950

This proposition can be admitted only in a qualified and very limited sense .... … Merely obtaining a charter does not automatically establish a corporation in business. Much more is necessary.

Berks County Tuberculosis Society Appeal

418 Pa. 112 · Supreme Court of Pennsylvania · Apr 20, 1965

organization legally qualified to take. … Once the latent ambiguity is established, it has been thought that the settlor's intent will be more readily fulfilled if all the surrounding facts and circumstances are developed.

Wood v. Appal

63 Pa. 210 · Supreme Court of Pennsylvania · Jan 3, 1870

Where a vendor, therefore, conveys, by established land-marks, the subject of the grant will neither overrun nor fall short of them. … Mowrer, 3 Harris 139, qualifying the generality of the opinion in Martz v.

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

209 A.3d 307 · Supreme Court of Pennsylvania · Jun 18, 2019

Similarly, the trial court must be meticulous in its instructions to the jury so that the jury clearly understands the distinction. … The circumstances of the case at bar do not remotely qualify. This case involved a routine medical malpractice case.

Lohm Estate

440 Pa. 268 · Supreme Court of Pennsylvania · Oct 9, 1970

“Where a fiduciary acts upon the advice of counsel, such fact is hi factor to be considered in determining good faith, but is not a blanket of immunity in all circumstances’: [citing cases].” … The evidence clearly establishes the propriety of the initial decision by Adair and Kunst to retain Rosenbaum.

Wentz v. Philadelphia

301 Pa. 261 · Supreme Court of Pennsylvania · Jun 21, 1930

Superior Ct. 40, 42 ; and, so far as appears, has not been qualified by any of our decisions. … L. 581, 603, which requires that in cities of the first class no ordinance “shall be passed containing more than one subject which shall be clearly expressed in its title.”

Commonwealth v. Smith

609 Pa. 605 · Supreme Court of Pennsylvania · Mar 29, 2011

Supreme Court held that such a requirement was overly burdensome, unworkable, and had the effect of immunizing prosecutors from constitutional scrutiny. Batson, 476 U.S. at 92-93 , 106 S.Ct. 1712 . … L.Ed.2d 759 (1965), because the prosecutor, “in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negros” who were otherwise qualified

Mohn v. American Casualty Co.

458 Pa. 576 · Supreme Court of Pennsylvania · Oct 16, 1974

Co., 225 Tenn. 56 , 463 S.W.2d 681 (1971) the Supreme Court of Tennessee, following the approach of the Illinois Court In Macklin , determined that the testimony did not establish a voluntary exposure to the danger. … Hornberger, 438 Pa. 46 , 264 A.2d 673 (1970) clearly suggested that a denial of recovery on *584 the basis of public policy in the instant case would be inappropriate.

Commonwealth v. Auker

545 Pa. 521 · Supreme Court of Pennsylvania · Jul 31, 1996

Here, the witness was qualified by his twenty years of experience with the product. … As the Commonwealth failed to establish beyond a reasonable doubt that appellant intended to inflict pain beyond that which accompanied the intentional killing, the aggravating circumstance of torture was not established.

Commonwealth v. Bracey

568 Pa. 264 · Supreme Court of Pennsylvania · Dec 31, 2001

Boxer, who no one disputes is a qualified psychiatric expert. … Here, even if there was any evidence that Officer Boyle was using anything but lawful force in his encounter with Appellant, Appellant clearly could not establish that he was free from fault in provoking the event that led

Commonwealth v. Universal Trades

392 Pa. 323 · Supreme Court of Pennsylvania · Mar 17, 1958

S. 194 , were held immune from taxation by the States in which the companies were incorporated. … Justice Frankfurter said (page 324) : “Chapter 236 of the New Jersey Laws of 1918, as applied to the circumstances of these two cases, clearly does not of *336 fend the Constitution.

Commonwealth v. Hancharik

534 Pa. 435 · Supreme Court of Pennsylvania · Nov 1, 1993

Of the statements identified by present counsel as being objectionable, it is clear that the first does not qualify as a confidential communication. … The second category of testimony complained of just as clearly does come within the scope of section 5914 as confidential communications.

Pennsylvania Labor Relations Board v. State College Area School District

461 Pa. 494 · Supreme Court of Pennsylvania · Apr 17, 1975

The declaration of policy contained in Act 195, section 101 clearly establishes that the legislature concurred with the commission’s belief that the right to collective bargaining was necessary to promote orderly and constructive … “Bargaining should be permitted with respect to wages, hours, and conditions of employment, appropriately qualified by a recognition of existing laws dealing with aspects of the same subject matter and by a carefully defined

Commonwealth v. Mourar

529 Pa. 377 · Supreme Court of Pennsylvania · Feb 28, 1992

In accordance with the long established rule of ejusdem generis, general words shall be construed to take their meanings and be restricted by preceding particular words. 1 Pa.C.S.A. § 1903(b). … Clearly, the Appellant has not wrongfully or dishonestly assumed posr session of the money exchanged without the government’s authorization.

In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C.

636 Pa. 509 · Supreme Court of Pennsylvania · Aug 29, 2016

Grandfather is clearly one half of the parental unit that has raised the children. Grandfa- . ther’s authority, control and influence over the children is equal to that of Mother. Orphans’ Court Opinion, 8/19/13, at 4. … Thus, given that Grandfather is not Mother’s spouse, Judge Stabile concluded that Grandfather is not a qualified adoptive resource, rendering Mother’s termination petition facially invalid.

Noecker v. Johns-Manville Corp.

355 Pa. Super. 463 · Supreme Court of Pennsylvania · Aug 8, 1986

However, neither of these sections is applicable until joint tortfeasor status is established. … Although we do not address appellant's claim, we wish to point out that the principle established by Davis v.

Alcatel-Lucent USA Inc. v. Commonwealth, Aplt.

Supreme Court of Pennsylvania · Nov 20, 2024

The Davis Court held that “a State violates the constitutional doctrine of intergovernmental tax immunity when it taxes retirement benefits paid by the Federal Government but exempts from taxation all retirement benefits … Clearly, to say that the 2014 NLC deduction was constitutional in 2014 at the time Alcatel paid its tax is to perpetrate a fiction.