Case law

Brennan v. Pittsburg & Connellsville Railroad

230 Pa. 228 · Supreme Court of Pennsylvania · Jan 3, 1911

The rule is well established that particular sales for a particular purpose, is not evidence of general market value in the neighborhood. Our latest case on this subject is Friday v. R. R. … We think they were clearly competent under the rule announced in many cases: Pittsburg, etc., R. R. Co. v. Robinson, 95 Pa. 426 ; Smith v. R. R. Co., 205 Pa. 645 ; Hope v. R. R. Co., 211 Pa. 401 ; Lally v. R. R.

Walsh v. BASF Corporation Apl of: BASF

Supreme Court of Pennsylvania · Jul 21, 2020

The balance is struck by requiring the court to rule based solely upon its assessment of the evidence and argument submitted by the parties to establish or contradict such acceptance. … Brautbar’s methods, clearly rendering its own sua sponte judgment with regard to the worth of the studies Dr.

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.

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.

Cry, Inc. v. Mill Service, Inc.

536 Pa. 462 · Supreme Court of Pennsylvania · Mar 29, 1994

Thus, the legislature of this Commonwealth has clearly recognized the interest of the state in having an expert, specialized tribunal, Commonwealth Court, articulate uniform statewide standards in cases affecting the sovereign … Not only is Commonwealth Court a specialized forum intended to deal with cases involving Commonwealth *474 agencies, but also, Commonwealth Court will be able to establish uniform statewide standards affecting DER in a manner

Commonwealth v. Central Railroad

403 Pa. 419 · Supreme Court of Pennsylvania · Apr 17, 1961

Thus, after reviewing the recent Supreme Court rulings, we must reject the contention that these rulings have changed the standards established for the taxation of railroad rolling stock. … S. 362 (1940). *430 Appellant obviously could not qualify for such apportionment since it does not have tracks without the state.

Commonwealth v. Johnson

373 Pa. Super. 312 · Supreme Court of Pennsylvania · Apr 20, 1988

Wettstein, a psychiatrist, was qualified to express his opinion within his scientific knowledge or experience as a medical doctor. … Appellant’s sentence of two-and-one-half-to-five-years imprisonment, therefore, clearly exceeded the sentences recommended by the Sentencing Guidelines.

Neth v. St. John's Reformed Church

335 Pa. 155 · Supreme Court of Pennsylvania · Mar 21, 1939

church—the party to be charged— which is Exhibit No. 3, this court can only come to the same conclusion as the court below, to wit, that this *161 contract is not a part of the contract sought to. he enforced and does not qualify … Our conclusion makes it unnecessary to discuss the admissibility or competency of the plaintiffs’ Exhibit 4, containing the alleged motion of the consistory, which appears to be clearly secondary evidence of this motion,

Com. v. Olan Mills, Inc. of Ohio

456 Pa. 78 · Supreme Court of Pennsylvania · Mar 25, 1974

The issue in this ease, therefore, is not whether the taxpayer qualifies for an exemption, but the more basic question of whether the taxpayer or his property is within the general language of the statute imposing the tax … Justice Eagen pointed out, speaking for the Court in Deitch: “Clearly the historical definition of ‘manufacture’ was read out of the sales tax as inapplicable.

Gioia v. Gioia

382 Pa. Super. 538 · Supreme Court of Pennsylvania · Mar 15, 1989

The record clearly indicates that the lease in question was an exclusive lease which granted the partnership a fee interest in the mineral estate 5 and provided a source of income to the partnership. *548 It was thus an asset … McFadden, 395 Pa. 543 , 150 A.2d 856 (1959) our Supreme Court set forth a three-part test for determining whether a mineral lease constitutes a sale of coal in place thus qualifying as a grant of the mineral estate.

Yardley v. Cuthbertson

108 Pa. 395 · Supreme Court of Pennsylvania · Oct 15, 1885

It was the positive duty of the court below if the point was affirmed, to qualify it so as *461 to leave tbe question of the free will of the testator still with the' jury. … It created a new and entirely different distribution of the testator’s estate from that established by the will.

L.S. v. David Eschbach, Jr., Inc.

583 Pa. 47 · Supreme Court of Pennsylvania · May 25, 2005

that “[e]ach person who elects the limited tort alternative,” and sustains a personal injury “in a motor vehicle accident,” is eligible to recover economic damages, but may not recover noneconomic damages unless the injury qualifies … Clearly, the act of punishing innocent pedestrians, who are completely unassociated with a motor vehicle, would do little to deter an individual from failing to procure motor vehicle insurance.

Walsh v. BASF Corporation Apl of: Deere

Supreme Court of Pennsylvania · Jul 21, 2020

The balance is struck by requiring the court to rule based solely upon its assessment of the evidence and argument submitted by the parties to establish or contradict such acceptance. … Brautbar’s methods, clearly rendering its own sua sponte judgment with regard to the worth of the studies Dr.

Walsh v. BASF Corporation Apl of: Dow

Supreme Court of Pennsylvania · Jul 21, 2020

The balance is struck by requiring the court to rule based solely upon its assessment of the evidence and argument submitted by the parties to establish or contradict such acceptance. … Brautbar’s methods, clearly rendering its own sua sponte judgment with regard to the worth of the studies Dr.

Commonwealth v. White

557 Pa. 408 · Supreme Court of Pennsylvania · Jun 23, 1999

O’Brien’s testimony is clearly supported by the record. Thus, Appellant is not entitled to relief based on this claim. … The record clearly reveals that the expert testimony offered by Dr. O’Brien and Dr.

Dambacher by Dambacher v. Mallis

336 Pa. Super. 22 · Supreme Court of Pennsylvania · Jul 16, 1985

In reviewing the denial of Sears' motion for judgment n.o.v., several principles must be kept clearly before us. A judgment n.o.v. may be entered only in a clear case. … While the standard for qualifying a witness as an expert is a liberal one, it remains a well established rule that "[t]he witness must show special knowledge of the very question upon which he promises to express an opinion

Franklin Sugar Refining Co. v. Howell

274 Pa. 190 · Supreme Court of Pennsylvania · May 8, 1922

They clearly show, and it is admitted, there were many grades of sugar, which, when the different methods of packing them are taken into account, made forty or more varieties. … The affidavit of defense qualifies these averments in several particulars, among others by alleging “that a standard barrel will contain from 240 to 375 lbs. of other kinds of sugar, depending entirely upon the grade thereof

Commonwealth v. Johnson, H., Aplt.

Supreme Court of Pennsylvania · Feb 22, 2023

Thus, although the relationship evidence in Ulatoski qualified under an exception to the ban on prior bad acts evidence, it was not for the purpose of proving the nature of the relationship itself, but because the nature … Sherwood cited Ulatoski’s reasoning and misinterpreted it as establishing a stand-alone exception for relationship evidence, overlooking that the relationship evidence in Ulatoski clearly fell under the rubric of the lack-of-accident

Philadelphia & Reading Coal & Iron Co. v. Commissioners

323 Pa. 185 · Supreme Court of Pennsylvania · Nov 27, 1935

acquainted with the property, and whose knowledge and experience qualify them to form an intelligent judgment as to its proper valuation. … The record clearly shows that almost all of the land involved in these appeals has little worth save as the coal underlying the surface gives it value.