Case law

Interstate Gas Supply, Inc., Aplts. v. PUC

Supreme Court of Pennsylvania · Sep 25, 2025

[J-16-2025] - 3  establish or maintain any unreasonable difference as to service, either as between localities or as between classes of service, but this section does not prohibit the establishment of … No public utility shall establish or maintain any unreasonable difference as to service, either as between localities or as between classes of service, but this section does not prohibit the establishment

Zentmyer v. Mittower

5 Pa. 403 · Supreme Court of Pennsylvania · Jun 21, 1847

, by virtue of a real covenant, there is nothing in either instrument to indicate any intention that the purchase-money, properly so called, should constitute an encumbrance on the estate granted to David, or in any way qualify … the answer would be, that, so far as appears, it was the mere expression of opinion upon a legal question by a third person, standing in no peculiar relation of confidence to the parties, not asserted by the grantee, nor clearly

Commonwealth v. Maxwell

355 Pa. Super. 575 · Supreme Court of Pennsylvania · Jan 15, 1987

A review of the pertinent dates testified to at the continuance hearing clearly supports this conclusion. … Appellant argues that the Commonwealth should be required to establish the existence of aggravating circumstances before permitting the selection of a jury, utilizing, in part, questions about capital punishment.

Commonwealth v. Heck

341 Pa. Super. 183 · Supreme Court of Pennsylvania · Apr 4, 1985

Due process of law insures respect for those personal immunities so rooted in the traditions and conscience of our people as to be ranked as fundamental, or those implicit in the concept of ordered liberty. … Judge Popovich expressed the idea that in order to qualify as the “probable consequence” of a traffic violation, death has to occur as the “likely result.” 297 Pa.Super. at 373-74 , 443 A.2d at 1169 .

Hite v. R.J. Reynolds Tobacco Co.

396 Pa. Super. 82 · Supreme Court of Pennsylvania · Jul 12, 1990

Judgment on the pleadings may only be granted where no material facts are in dispute and the case is so free from doubt that a trial would clearly be a fruitless exercise. … American Tobacco Co., supra (tobacco companies not immune from liability on grounds which do not challenge adequacy of warnings or propriety of advertising or promotional activities); Gianitsis v.

Hershberger v. Hershberger

345 Pa. 439 · Supreme Court of Pennsylvania · Sep 29, 1942

It is true that the burden was on plaintiff to establish its genuineness: Austen v. Marzolf, 307 Pa. 232, 235, 161 . A. 72, 73. … The witnesses were not called as handwriting experts although at least the first two of them might have qualified as such (Seaman v. Husband, 256 Pa. 571, 575, 576 , 100 A. 941, 942, 943 ).

Pennsylvania Human Relations Commission v. Norristown Area School District

473 Pa. 334 · Supreme Court of Pennsylvania · Jun 3, 1977

Order No. 467 does not establish a substantive rule. … Nothing herein is to be interpreted as calling for discrimination in favor of less qualified teachers because of their race. 4.

Holton Estate

399 Pa. 241 · Supreme Court of Pennsylvania · Apr 18, 1960

Holton) may qualify as beneficiaries, whereas adopted children of Howard himself may not qualify. … Therefore, he chose language in his will which clearly established, as. already discussed, that children adopted by Howard after the execution of Ms will were to be considered Howard’s children and beneficiaries of the trust

Commonwealth v. Zook

532 Pa. 79 · Supreme Court of Pennsylvania · Jun 17, 1992

Topa, 471 Pa. 223 , 369 A.2d 1277 (1977), this Court established the standards by which scientifically adduced evidence may be qualified for presentation at trial in this Commonwealth. … Appellant’s speculation on the success of this issue is clearly moot.

DiMarco v. Lynch Homes-Chester County, Inc.

384 Pa. Super. 463 · Supreme Court of Pennsylvania · Apr 14, 1989

Assuming that appellant is able to establish this fact, then Ms. … Other obvious examples of communicable diseases include AIDS (Acquired Immune Deficiency Syndrome), Syphilis, Tuberculosis. 2 . We also take note of Soto v. Frankford Hospital, 478 F.Supp. 1134 (E.D.Pa.1979).

Commonwealth v. Jones

546 Pa. 161 · Supreme Court of Pennsylvania · Sep 18, 1996

So viewed, the evidence establishes the following. … Such argument is clearly permissible. Commonwealth v. D’Amato, 514 Pa. 471, 489 , 526 A.2d 300, 309 (1987) (a prosecutor may always argue to the jury that the evidence establishes the defendant’s guilt).

Com. v. Washington

547 Pa. 550 · Supreme Court of Pennsylvania · Apr 18, 1997

Thus, even assuming a Bruton violation occurred, it was harmless error in light of the properly admitted evidence clearly establishing Appellant's guilt. See Commonwealth v. … The burden is on Appellant to establish such prejudice. See Commonwealth v.

Commonwealth v. Schimelfenig

361 Pa. Super. 325 · Supreme Court of Pennsylvania · Mar 6, 1987

Clearly, this was sufficient to preserve his Rule 130(d) defense for review. … We are compelled, however, to suggest that the time constraint of Rule 130 is not immune from criticism.

League of Women Voters of PA v. Degraffenreid, V.

Supreme Court of Pennsylvania · Dec 21, 2021

Specifically, she found that the League had met its burden for establishing a clear right to relief because it had established that the Victim’s Rights Amendment violated Article XI, § 1 of our Constitution. … We deem these to be substantive changes to the bail process established by Article I, § 14.

Glomb v. Glomb

366 Pa. Super. 206 · Supreme Court of Pennsylvania · Sep 10, 1987

The Voyles court, however, did not intend to establish a single, cumulative “test” of apportionability. Nor did it intend to establish an exhaustive list of independent “tests.” … The evidence that would establish the liability of Ms. Ginosky for assault, moreover, would not establish the liability of the Glombs for negligent hiring.

Capanna v. Travelers Insurance

355 Pa. Super. 219 · Supreme Court of Pennsylvania · Jul 24, 1986

Gallen, supra, does not construe either section 106 or 108 of the Act and is therefore inapposite to the instant case. 2 We decline to accept appellant’s invitation to read a qualifying element into the clear time limitation … Ohio Casualty Insurance Company, supra, to be instructive: As we read the various time limitations contained in No-fault section 1009.106(c), we sense an attempt to cover all possible claims under the No-fault Act and to establish

Commonwealth v. Blair

491 Pa. 499 · Supreme Court of Pennsylvania · Sep 22, 1980

Robert Sadoff, a qualified and practicing psychiatrist who had previously examined appellant. Dr. … Since the Commonwealth had established that the police knew of the murder before the Commonwealth’s witnesses had reported it, trial counsel had argued at trial that someone else must have been present at the scene.

Commonwealth v. Staton

632 Pa. 400 · Supreme Court of Pennsylvania · Jul 20, 2015

According to Appellant, if his pro se petition was unintelligible, the court had a constitutional duty in this capital case to appoint qualified counsel so that the issues could be identified more clearly, rather than proceed … The Commonwealth concludes that Appellant’s right to qualified counsel was not abridged in any way. The PCRA court’s ruling is supported by the record and is free of legal error.

Blumenschein v. Pittsburgh Housing Authority

379 Pa. 566 · Supreme Court of Pennsylvania · Nov 22, 1954

By a host of authorities in oiir own 1 and other 2 juris *573 dictions it lias been established as an elementary principle of law that courts will not review the actions of governmental bodies or administrative tribunals … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of whether there has been

Kuznik v. Westmoreland County Board of Commissioners

588 Pa. 95 · Supreme Court of Pennsylvania · Jul 20, 2006

The Code provides that a majority of qualified electors must approve the adoption of an EVS, pursuant to Section 1104-A, 25 P.S. § 3031.4(a) (Installation of electronic voting systems): (a) If a majority of the qualified … Although the Order grants a preliminary injunction, the Opinion clearly addresses a permanent injunction and is couched in terms of a final Order. .