Case law

Leonard v. Leonard Ex Rel. Leonard

353 Pa. Super. 604 · Supreme Court of Pennsylvania · Jun 20, 1986

Sommerville qualified its holding in the following manner: The duty of a parent to provide a college education for a child is not as exacting a requirement as the duty to provide food, clothing and shelter for a child of … Clearly, appellant has the means to help his daughter through college. Last is appellant’s argument that Susan must also contribute to Lynn’s college education.

Triffin v. Dillabough

552 Pa. 550 · Supreme Court of Pennsylvania · Aug 21, 1998

The evidence established that Giunta recognized Dillabough and Lynn from previous transactions and required them to present photographic identification. … Thus, the statute clearly distinguishes between language which creates an implied condition and language which creates an express condition.

Village 2 at New Hope, Inc. Appeals

429 Pa. 626 · Supreme Court of Pennsylvania · Apr 24, 1968

This detailed land use projection clearly envisioned the Rauch tract as containing only single family dwellings of low density. … Thus, the borough planning commission remains the only other body both qualified and statutorily permitted to approve PUD.

Commonwealth v. Washington

549 Pa. 12 · Supreme Court of Pennsylvania · Aug 20, 1997

Thus, even assuming that a Bruton violation occurred, it was harmless error in light of the properly admitted evidence clearly establishing Appellant’s guilt. See Commonwealth v. … To establish the ineffective assistance of counsel.

Titlow v. Reliance Life Insurance

246 Pa. 503 · Supreme Court of Pennsylvania · Oct 5, 1914

It is clearly shown, indeed it is admitted, that the premium due in August, 1879, was tendered to the company, and was refused, upon the ground that the company was not then bound to receive it, and that the policy, according … Upon the established facts in the case the plaintiffs in the action were entitled to judgment. The assignments of error are overruled and the judgment is affirmed.

Black's Estate

341 Pa. 264 · Supreme Court of Pennsylvania · Jan 8, 1941

He immediately qualified as executor of his father’s estate and assumed active management of it. … Consequently there was no indebtedness, as clearly appears from a perusal of the agreement. The policy holder had the right to repay the advance made but he could not be compelled to do so.

Ben Avon Boro. v. Ohio Valley Water Co.

260 Pa. 289 · Supreme Court of Pennsylvania · Feb 25, 1918

Its abso- |; lute title ceased at high water mark, it had merely a j qualified right to the use of the land between high and Í low water mark, and its occupancy of that portion of the property which lay below high water mark … The extent to which these lines were useful for the public service, and the value of the lines, were clearly questions of fact which were peculiarly within the jurisdiction of the commission to determine.

Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

634 Pa. 585 · Supreme Court of Pennsylvania · Dec 29, 2015

[Appellant] was clearly exercising his rights *751 pursuant to section 1547(i). … Also, clearly the police believed if [Appellant] did not submit to. the test of their choosing he was refusing to submit to chemical testing. Id. at 3-4.

Commonwealth v. Frazier

471 Pa. 121 · Supreme Court of Pennsylvania · Feb 28, 1977

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … It clearly defies reason to “presume”, on the basis of the record before us, that the jury was biased.

Blenko v. Schmeltz

362 Pa. 365 · Supreme Court of Pennsylvania · May 24, 1949

The membership consists of virtually all persons in Pittsburgh who are qualified to practice Patent Law and who are registered as Patent Agents before the United States Patent Office. … that defendants have prejudged his case and have conspired “irreparably to cause damage and injury to plaintiff by expelling him from the Association;” and that he “will be deprived of a fair and impartial hearing, as is clearly

North Chester Borough v. Eckfeldt

1 Monag. 732 · Supreme Court of Pennsylvania · Feb 12, 1889

The actual physical change was made some time in 1880 or 1881, the exact time not being established by the testimony. … Hannum: And another objection is I don’t think the witness has shown himself to be properly qualified.” Cross-examined as to competency: “ Q.

Maurer v. Boardman

336 Pa. 17 · Supreme Court of Pennsylvania · May 24, 1939

Tbe findings of tbe court below in this regard are fully supported by tbe testimony of witnesses well qualified by technical training to express an opinion upon tbe subject, 2 and by practical experience in tbe operation … Notwithstanding this established-rule, there is a fundamental principle in this connection which must not be overlooked.

Commonwealth v. Carroll

443 Pa. 518 · Supreme Court of Pennsylvania · Jun 28, 1971

Texas, 311 U.S., supra (page 130) : “It is part of the established tradition in the use of juries as instruments of public justice that the jury be a body truly representative of the community. … The concept of a jury composed of a cross-section of the community is clearly embodied in our own Constitution.

Hughes v. Emerald Mines Corp.

303 Pa. Super. 426 · Supreme Court of Pennsylvania · Apr 23, 1982

Moore was thus qualified to speak on issues important to the case, and we see no objection to his admission as an expert, a decision very much within the trial judge’s discretion. … (N.T. 246a) What was done to establish this fact is unclear, but “actual inspection underground” is a claim of the Brief, not *436 the witness.

Wallace's Estate

299 Pa. 333 · Supreme Court of Pennsylvania · Jan 15, 1930

Taking the will as a whole, his interest was clearly vested. … Some complaint is made as to the rejection of the testimony of certain witnesses called by appellants to show the value of the property, on the ground that the witnesses failed to properly qualify.

Trice v. Mozenter

356 Pa. Super. 510 · Supreme Court of Pennsylvania · Sep 11, 1986

Under Pa.R.Civ.P. 1034, a motion for judgment on the pleadings may be granted in cases which are so free from *512 doubt that a trial would clearly be a fruitless exercise. … In subsection [B], counsel’s competency was called into question for permitting, without objection, a government witness (Agent D’Amico) to qualify to identify Trice from voice-prints taken to determine the identity of speakers

Sonder v. Sonder

378 Pa. Super. 474 · Supreme Court of Pennsylvania · Sep 29, 1988

To deviate from established contract law in any respect, except where the legislature has clearly spoken (and it has in numerous ways), is to invite confusion and uncertainty. … Our precedents are clear, however, that punishment may not be imposed in a civil proceeding when it is clearly established that the alleged contemnor is unable to comply with the terms of the order. United States v.

Alston v. Philadelphia Electric Co.

337 Pa. Super. 46 · Supreme Court of Pennsylvania · Dec 28, 1984

his productivity, I am not able to say to what degree his ability to exercise free will is compromised by his illness although I believe that his depression has caused some impairment of his freedom of choice and there is clearly … Thus while a good defense would normally not be required in a trespass action, where present it can at least qualify as an equitable consideration favoring the opening of judgment.

Commonwealth v. Harkins

222 Pa. Super. 104 · Supreme Court of Pennsylvania · Aug 10, 1972

Magensky that would not qualify you?” The juror’s reply was, “Yes, he stole my car.” … This clearly was error. In the recent case of Commonwealth v. Rivers, 218 Pa.

Vernon v. Stash

367 Pa. Super. 36 · Supreme Court of Pennsylvania · Oct 5, 1987

The facts assumed by an expert need not be conclusively proven; it is sufficient if the evidence of record tends to establish those assumptions. See: Battistone v. … That the car rolled down the hill was established beyond contradiction. The expert’s testimony, even if if did contradict the testimony of the driver, was not thereby rendered inadmissible.