Case law

Commonwealth Ex Rel. Woodside v. Sun Ray Drug Co.

383 Pa. 1 · Supreme Court of Pennsylvania · Sep 26, 1955

Quaker Oats Co., supra, farina with vitamin “D” added was held not to qualify as “enriched farina” under the regulations of the Administrator which required that “enriched farina” also contain four other substances. … Where either of these conditions exist, the Legislature clearly may regulate or prohibit the sale of such products.

Rank v. Metropolitan Edison Co.

370 Pa. 107 · Supreme Court of Pennsylvania · Apr 1, 1952

The plaintiff here, as in every case of tort, was charged with establishing negligence on the part of the defendant. … In support of these allegations, the plaintiff called as a witness a concededly well-qualified expert in mechanical and electrical engineering of many years active experience who testified that the span of the transmission

Elkins' Estate

339 Pa. 193 · Supreme Court of Pennsylvania · Jan 15, 1940

Testator could not have expressed more clearly a limited change in a particular provision of his will. … The interpretation of the majority does great violence to the express language employed by the testator by, in effect, inserting after the words “any daughter” the qualifying phrase “whether she be a life tenant or not.”

Bold, T., Aplt. v. Dept of Trans Bur of Driv Licen

Supreme Court of Pennsylvania · Aug 20, 2024

Once a car moves under a person’s control, it clearly has been operated. … If any actuation of a car constitutes operating that vehicle, then any movement of its machinery, simple or complex, qualifies—from opening the door to rolling down the window, turning on the 56 See Banner, 737

Commonwealth v. Redmond

395 Pa. Super. 286 · Supreme Court of Pennsylvania · May 21, 1990

The majority, in all candor, has stated clearly that, “the age of the case is a significant overriding factor” in their analysis. (Majority Opinion, supra, at 302-303). … Cf. 42 Pa.C.S.A. §§ 8542(a)(2), 8550 (a local agency may not be held liable for the wilful misconduct of its employee, and an employ *320 ee of a local agency enjoys no official immunity from liability for injuries arising

In Re Condemnation by Urban Redevelopment Authority

590 Pa. 431 · Supreme Court of Pennsylvania · Dec 27, 2006

She concurred that the condemnation was not a content-based act such that the federal strict scrutiny test applied, and that the O’Brien test was satisfied; she disagreed with the majority’s assessment that Arcara immunized … In Arcara , the respondents were the owners of an establishment which peddled sexually explicit books and movies.

In Re Nomination Petition of Farnese

609 Pa. 543 · Supreme Court of Pennsylvania · Mar 29, 2011

But, the candidate argued, Flaherty clearly instructed that whole pages could not be excised simply because they contained some invalid signatures; instead, any valid signatures had to be counted. … For example, there are positions taken in litigation which, though they may fall short of the legal standard of frivolous, nevertheless have so remote a chance of success, or are so clearly foreclosed by existing authority

Commonwealth v. Barr, T., Aplt.

Supreme Court of Pennsylvania · Dec 29, 2021

Instead, the Commonwealth maintains, the MMA simply “provides a very limited and controlled vehicle for the legal use of medical marijuana by persons qualified under the MAA.” … Yet, as the Superior Court highlighted, despite the enactment of the MMA, the CSA still renders possession of marijuana illegal for those not qualified under the MMA.

Kaczkowski v. Bolubasz

491 Pa. 561 · Supreme Court of Pennsylvania · Sep 22, 1980

It may be that inflation will become so much an established pattern of our economy that it should be recognized in estimating loss of future earnings. … The Feldman approach clearly required strong assumptions about both future rates of inflation and future rates of real interest.” 63 Va.L.Rev. at 105.

Commonwealth v. Carsia

341 Pa. Super. 232 · Supreme Court of Pennsylvania · Sep 6, 1985

Attorney General An Attorney General shall be chosen by the qualified electors of the Commonwealth on the day the general election is held for the Auditor General and State Treasurer; he shall hold his office during four … The Attorney General must therefore “establish good cause for the supersession.” Id., 477 Pa. at 65 , 383 A.2d at 824 .

Commonwealth v. McLean

387 Pa. Super. 354 · Supreme Court of Pennsylvania · Aug 31, 1989

A court may “express its own opinion on the evidence ... providing that statements have reasonable basis and it is clearly left to the jury to decide the facts....” Commonwealth v. … When the trial court did give its opinion, it immediately qualified it by stating that the jury was not bound by it. Therefore, the expression of its opinion was permissible. II.

Commonwealth v. Moon

386 Pa. 205 · Supreme Court of Pennsylvania · Oct 3, 1956

JUSTICE BELL: This appeal, taken before sentence and judgment and while defendant's motion for new trial has not been disposed of, is clearly interlocutory and should be quashed. … It is difficult to conjure up a more qualified board of inquiry than the one which has received so glowing an accolade from the Court which appointed it.

Commonwealth v. Harris

578 Pa. 377 · Supreme Court of Pennsylvania · Jun 23, 2004

If, however, the arguable merit prong of appellate counsel’s ineffectiveness is established, i.e., the petitioner has established trial counsel’s ineffectiveness, the inquiry proceeds to the remaining two prongs of the Pierce … However, as the above discussion makes clear, no hearing was necessary to dispose of Appellant’s guilt-phase claims as those claims are clearly without merit.

Long v. Brown

399 Pa. Super. 312 · Supreme Court of Pennsylvania · Sep 26, 1990

When read together it is clear that the qualifying word “might” relates only to proof of the allegation, it does not indicate that more is necessary to remove the Statute. … Such subjective beliefs are immaterial to the actual formation of a contract and the objective manifestations were clearly consistent with the formation of a contract to sell.

Boundary Drive Associates v. Shrewsbury Township Board of Supervisors

507 Pa. 481 · Supreme Court of Pennsylvania · Apr 8, 1985

However, it attempted to qualify approval by stipulating that the Township would not assist appellant in securing connection to New Freedom Borough’s public sewer system. … Clearly, meaningful preservation of agricultural land could not be achieved under this type of regulatory scheme.

Pennsylvania State Building & Construction Trades Council, AFL-CIO v. Prevailing Wage Appeals Board

570 Pa. 96 · Supreme Court of Pennsylvania · Aug 22, 2002

Rather, the taxing bodies are entitled to receive the established base tax only for the period that the district is in existence. … The TIF Act establishes that taxing authorities must pledge TIF funds to the payment of the project only or payment of the TIF bonds.

Miller v. County of Centre

173 A.3d 1162 · Supreme Court of Pennsylvania · Nov 22, 2017

This Court was required to interpret the word “verified” as used in section 1701 of the Election Code, pursuant to which a trial court will open a ballot box and order a counting of the ballots if three qualified electors … district established by section 901” of the Judicial Code. 42 Pa. C.S. § 102.

Stinger v. Commonwealth

26 Pa. 422 · Supreme Court of Pennsylvania · Jul 1, 1856

When a grantor declares before a proper officer that he signs, seals, and delivers a deed without doing anythingfto qualify the delivery, it is sufficient: Blight v. Schenck, 10 Barr 285. In Garnous v. … Here the assent of the grantee was most clearly established, for he called for the deed both before and after it was handed by the trustee to his son.

Miller v. County of Centre

173 A.3d 1162 · Supreme Court of Pennsylvania · Nov 22, 2017

This Court was required to interpret the word “verified” as used in section 1701 of the Election Code, pursuant to which a trial court will open a ballot box and order a counting of the ballots if three qualified electors … district established by section 901” of the Judicial Code. 42 Pa. C.S. § 102.

Commonwealth v. Paddy

569 Pa. 47 · Supreme Court of Pennsylvania · Jul 8, 2002

Maryland, 373 U.S. 83 , *64 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), to disclose clearly exculpatory evidence establishing that a person other than Paddy killed Lashawn. … He thinks he’s getting immunity for any crime that he committed....