Case law

Lititz Mutual Insurance v. Steely

567 Pa. 98 · Supreme Court of Pennsylvania · Nov 30, 2001

But see Lefrak, 942 F.Supp. at 954 (finding it arguable that (lie degradation process qualifies as a discharge, dispersal, or release); Peace v. Northwestern Nat’l Ins. … Once such custom or usage is established, the Court continued, it will be considered part of the contract, the presumption being that the contracting parties knew of such custom or usage and contracted with reference to it

Humphreys v. DeRoss

567 Pa. 614 · Supreme Court of Pennsylvania · Feb 20, 2002

Considering that inheritance is one of the most common means by which wealth is transferred, it defies logic that the legislature would not have clearly provided for inheritance within the statutory definition of income if … In my view, the substantial cash distribution to appellant here qualifies as income under a plain reading of all of the latter three sub-definitions.

Travis v. Teter

370 Pa. 326 · Supreme Court of Pennsylvania · Apr 1, 1952

.- We must consider the questions involved- in the light of certain principles-of-law which are well established and directly applicable. … The Act in existence at the time this suit was brought did not state expressly or clearly that the county superintendent should determine the rating of temporary teachers, but as that is the theory on which appellant has

Irwin Borough School District v. North Huntingdon Township School District

358 Pa. 78 · Supreme Court of Pennsylvania · Sep 29, 1947

and maintenance of a joint high school, — a matter fully qualifying as the concern and responsibility, of the General .Assembly-, by virtue of specific constitutional mandateArticle X, Section 1, of the Pennsylvania Constitution … Eor the reasons herein given, which the learned court below so clearly set forth, I think the decree should be affirmed, and, accordingly, dissent. 1 Act of May 18, 1911, P. D. 309, Art.

Commonwealth v. Smith

523 Pa. 577 · Supreme Court of Pennsylvania · Dec 22, 1989

Reinert was clearly established. The Commonwealth introduced evidence that, from approximately 1973 until the time of her death, Reinert had been romantically involved with William S. … It is well settled in our law that hearsay evidence is inadmissible unless it qualifies under one of the recognized exceptions to that rule. 5 Wigmore, Evidence § 1420 et seq.

In re Estate of Semple

189 Pa. 385 · Supreme Court of Pennsylvania · Jan 3, 1899

Neither of these persons could possibly have been qualified to adequately appraise a stock of merchandise comprising a great variety of kinds and qualities of goods. … It is sufficient to say that the testimony fully established the unsalable quality of the stock of goods.

Commonwealth v. Lester

554 Pa. 644 · Supreme Court of Pennsylvania · Dec 22, 1998

These photos were clearly relevant and admissible to prove that appellant acted with specific intent to kill and with deliberation. … Clearly, the use of the word "but” indicates that the word “likely” is mistaken.

Commonwealth v. Sam

597 Pa. 523 · Supreme Court of Pennsylvania · Jul 22, 2008

Russell about the side effects of the medications used as such treatment, the court declined to qualify him to testify with respect thereto. … However, appellee’s counsel disputes that the instant case implicates that right, let alone that the right qualifies as an important interest in the Sell equation.

Commonwealth v. Mills

344 Pa. Super. 200 · Supreme Court of Pennsylvania · Jun 7, 1985

The rationale underpinning the holding is contrary to the letter and spirit of the guidelines and conflicts with precedent recently established in this court. … In Royer , we clearly established that our power of review in *207 guidelines cases includes discerning whether or not the sentencing court’s reasons for deviating are “adequate”.

Commonwealth v. Rivera

631 Pa. 67 · Supreme Court of Pennsylvania · Dec 29, 2014

Here, trial counsel acted upon the qualified medical opinion of Dr.' Tepper, after having given him adequate information to form a conclusion. … The court emphasized that the mens rea requirement was clearly conveyed to the jury, and it reiterated that *812 any proximity requirement was satisfied because the record established that Officer Eddinger was twenty feet

Commonwealth v. Koehler, J.

Supreme Court of Pennsylvania · Apr 24, 2020

Clearly, the PCRA court had no ability to enforce the Code of Judicial Conduct against Justice Eakin. … This Court’s position at the apex of the Pennsylvania judiciary does not immunize its members from constitutional scrutiny.

Commonwealth v. Stein

519 Pa. 137 · Supreme Court of Pennsylvania · Aug 10, 1988

The disputed billings were for some 33 renewals of prescriptions for orthopaedic shoes for the children of three qualified medical assistance recipients. … In other words, the Superior Court concluded that the informations established a minimum prima facie case such that Appellant was required to stand trial.

Brower v. Employers' Liability Assurance Co.

318 Pa. 440 · Supreme Court of Pennsylvania · Jan 28, 1935

This was so stipulated in the policy, but the necessary elements to establish such liability are here entirely lacking; under the ordinary rule that applies the bailor would not be liable in damages for the negligence of … authority or permission to use the car within the scope of the bailment, there was nevertheless a deviation from the specified purpose, that is, there was no necessity to go to Bloomsburg; it placed the operation of the car clearly

Hetherington v. McHALE

458 Pa. 479 · Supreme Court of Pennsylvania · Nov 22, 1974

"`An Act of [the General] Assembly will not be declared unconstitutional unless it clearly, palpably and plainly violates the constitution.'" Daly v. … If, in this case, the legislature could establish the committee and designate its members, why could it not establish a committee to run any cabinet department, tell a Governor who is to serve on the committee, and thereby

Commonwealth v. DeSabetino

369 Pa. Super. 300 · Supreme Court of Pennsylvania · Dec 24, 1987

Particularly the power to subpoena and the power to recommend contempt proceedings, grants of immunity and actions for perjury provide the ability to reach to the heart of a criminal matter from witnesses which would not … Moreover, he testified he was in a position to clearly observe the appellant as he entered the store; the time was around 12:00 noon.

Bufford v. Workers' Compensation Appeal Board

606 Pa. 621 · Supreme Court of Pennsylvania · Aug 17, 2010

In Pieper , we rejected the contention that Section 413(a) requires that a claimant prove a “causal connection” between his or her prior work-related injury and any present disability in order to qualify for reinstatement … Clearly, Section 413(a) places the burden on a claimant seeking reinstatement of benefits to establish that his or her disability has increased or recurred.

Commonwealth v. Uderra

580 Pa. 492 · Supreme Court of Pennsylvania · Oct 21, 2004

Appellant acknowledges this Court’s decisions holding that counsel will not be deemed ineffective for failing to life qualify a jury, see, e.g., Commonwealth v. … Bronshtein, 547 Pa. 460, 477 , 691 A.2d 907, 915 (1997)). 8 In light of the deficiencies *510 identified by the Commonwealth, Appellant’s present proffer, even if accepted as true, would clearly fail to meet this test.

Ickes v. Ickes

237 Pa. 582 · Supreme Court of Pennsylvania · Nov 7, 1912

The testimony offered might not have convinced the jury, but it was competent evidence of a relevant fact under the established rules which deal with declarations indicating intention or state of mind. … In a case of this kind, where human sentiment is apt to play a leading part, the trial judge should be most cautious not to admit evidence which might have a tendency to bias the jury against either side, unless clearly relevant

Commonwealth v. Herman

161 A.3d 194 · Supreme Court of Pennsylvania · May 25, 2017

The testimony also established that JWH-018 and PB-22 are in different structural classes, see supra note 9, and Dr. … The proponent of novel scientific evidence has the burden of establishing all prerequisites to admission, including conformance with Frye, see Grady v.

In the Interest of: L.J.B Appeal of: A.A.R.

199 A.3d 868 · Supreme Court of Pennsylvania · Dec 28, 2018

See 23 Pa.C.S. §§ 6303, 6338. 2 Opioid addiction has reached a crisis level in the United States, and Pennsylvania has not been immune from its effects. … If the language of the statute clearly and unambiguously sets forth the legislative intent, it is the duty of the court to apply that intent to the case at hand and not look beyond the statutory language to ascertain its