Case law

Wilkinsburg-Penn Joint Water Authority v. Churchill Borough

417 Pa. 93 · Supreme Court of Pennsylvania · Mar 16, 1965

The basic error pervading, the proceedings below was the failure of the lower court to find, as a matter of law, after the complaint and preliminary objections, that the property owned by the Authority is not immune from … Clearly, these are not the standards applicable when the P.U.C. reviews the conduct of public utilities.

Carmany Estate

357 Pa. 296 · Supreme Court of Pennsylvania · Jan 10, 1947

It is a well established canon of will construction that a devise of the rents, issues and profits of land, in the absence of anything in the will to indicate a contrary intention, passes title to the realty itself: France … , supra, where there was a bequest in trust to pay to the testator’s widow the income from his real estate, but where he gave a power of sale to the trustees, it was said: “Under the decisions referred to, testator thus clearly

Commonwealth v. Abu-Jamal

553 Pa. 485 · Supreme Court of Pennsylvania · Oct 29, 1998

This argument is clearly devoid of merit. … In any event, the PCRA court did, indeed, analyze this claim under the rule of Brady , concluding that no Brady violation had been established since none of the accounts of the incident testified to by Jones qualified as

Commonwealth v. Collins

8 Watts 331 · Supreme Court of Pennsylvania · May 15, 1839

It begins: “ We, the people of the United States, in order to form a more perfect union, establish justice, &c. &c., do ordain and establish this constitution for the United States of America.” … This was not denied; nor was it seriously contended, nor, I think, can it be, that Governor Ritner could not constitutionally appoint any qualified man to any vacant office.

Bahl v. Lambert Farms, Inc.

572 Pa. 675 · Supreme Court of Pennsylvania · Mar 24, 2003

20 Pa.C.S. 2103(1) (2002). 3 Although the statute did not specifically define “issue,” it made clear in setting forth the rules of succession that only those with some “degree of consanguinity” to the decedent ordinarily qualified … See 1 Pa.C.S. § 1926 (1972) ("No statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.”) .

Downey v. Weston

451 Pa. 259 · Supreme Court of Pennsylvania · Mar 16, 1973

The line of questioning barred by the court below was directed towards establishing that Dr. … We think BupnAk clearly controls this case.

McKeen v. Delaware Division Canal Co.

49 Pa. 424 · Supreme Court of Pennsylvania · May 15, 1865

The evidence -shows clearly that the elevation of the dam and the mound of stones were necessary to fill the level to a proper height. … Without repeating the argument, it is only necessary to say that the doctrine of the non-liability of the Commonwealth for consequential damages has been so repeatedly asserted and firmly established, a reference to some

PA Independent Oil & Gas Assoc. v. PUC, Aplt.

Supreme Court of Pennsylvania · Dec 28, 2018

The PUC concludes that all of these factors establish that the language in question is far from clear and unambiguous. … Further, the SCA establishes specific presumptions applicable to the interpretation and construction of all statutes which are aids in determining legislative intent.

Biddle v. Workmen's Compensation Appeal Board

539 Pa. 343 · Supreme Court of Pennsylvania · Jan 17, 1995

Appellee argues that the evidence clearly established that the decedent was a project manager who oversaw several jobs at one time and travelled between them. … Workmens' Compensation Appeal Board (PRN Nursing Agency), 528 Pa. 279 , 597 A.2d 1116 (1991), relied upon by the majority, state, suggest or infer that the movement from work site to work site must be on a daily basis to qualify

Edelson v. Ochroch

380 Pa. 426 · Supreme Court of Pennsylvania · Jan 4, 1955

The signal to cross is not a `command to go, but a qualified permission,' and the qualification is `to proceed lawfully and carefully,' as a prudent man would under the circumstances, which certainly requires looking to the … McBride which established the presence of the Ochroch truck in the intersection just before the collision. Davidson's testimony shed no light on the important issues raised by the other witnesses.

Holmes v. Lessee of Holmes

5 Binn. 252 · Supreme Court of Pennsylvania · Oct 5, 1812

In considering the will now before us, there are several things which the testatrix appears clearly to have intended. 1st. That her grandson should take a fee simple. 2d. … But take it that the estate devised is an estate tail, the words heirs and assigns being so qualified by the dying without issue, as to constitute an estate tail, it will equally, as has been argued, serve the defendant.

Wanamaker v. Philadelphia School District

441 Pa. 567 · Supreme Court of Pennsylvania · Jan 7, 1971

It will not do to assess farm lands at one-fifth their actual value, dwelling houses at one-third, manufacturing establishments at one-half, and coal lands at full value. … Clearly the only significant changing factor in the tax is the assessed value of the land.

Commonwealth v. Dunn

478 Pa. 35 · Supreme Court of Pennsylvania · Apr 4, 1978

In compliance with the requirements of his state, appellee registered his vehicle in New Jersey for a gross weight of 50,000 pounds, even though it qualified for a higher gross weight registration. … Clearly the Commonwealth has the power to regulate the use of its roads in this manner.

Commonwealth v. Maguire, J., Aplt.

Supreme Court of Pennsylvania · Aug 22, 2019

Although we deemed “trucking” to be a “closely regulated” business in Petroll, a designation that clearly is material for present purposes, we did not address commercial vehicle checkpoints. … --Any Pennsylvania State Police officer or qualified Commonwealth employee engaged in a systematic vehicle inspection program may inspect any vehicle, driver, documents, equipment and load to determine

Robinson v. Abington Education Ass'n

492 Pa. 218 · Supreme Court of Pennsylvania · Oct 31, 1980

This clearly evidences an intent on the part of the legislature to maintain a $200 differential between regular and Special Education Teachers. … I note that the enacted schedule establishes the minimum salaries for defined classes of professional employees. 1 . This case was reassigned to this writer on October 8, 1980. 2 .

Collins v. Hand

431 Pa. 378 · Supreme Court of Pennsylvania · Oct 3, 1968

In such cases, expert testimony in support of the plaintiff’s claim is an indispensable requirement to establish a right of action. Robinson v. Wirts, 387 Pa. 291 , 127 A. 2d 706 (1956); Hodgson v. … Pennell is clearly inapposite.

ALLEGHENY CTY. SPORTSMEN'S LEAGUE v. Rendell

860 A.2d 10 · Supreme Court of Pennsylvania · Oct 19, 2004

Judge Kelley denied appellants' motion for a preliminary injunction, finding that appellants had failed to establish each criterion for a preliminary injunction, and specifically, did not demonstrate a clear right to relief … Thus, the applications/records of sale cannot be used to establish a registry of firearm ownership, i.e., a registry that tracks individuals who have possession and control over firearms.

Borough of Ellwood City v. Pennsylvania Labor Relations Board

606 Pa. 356 · Supreme Court of Pennsylvania · Jul 21, 2010

Act 111, passed two years after the Borough Code, clearly establishes the rights of police and fire personnel to engage in meaningful collective bargaining. … It is on this basis that we find the decision in Chambersburg Area School District to be clearly distinguishable. 12 .

League of Women Voters of Pa. v. Commonwealth

179 A.3d 1080 · Supreme Court of Pennsylvania · Feb 5, 2018

. *1084 Specifically, Applicants submit that my "position regarding the 2011 Plan, and, more generally, partisan map[-]drawing were clearly defined and cemented long before this case was initiated." Application at 6. … Furthermore, I did not always qualify my statements to clarify that I would view each case on its individual merits, subject to the particular laws implicated, the particular arguments presented, and the particular factual

Vincent v. Fuller Co.

400 Pa. Super. 108 · Supreme Court of Pennsylvania · Jun 7, 1991

Since the doctrine is not available in regard to the termination of employment, it follows that the same doctrine cannot operate to establish a cause of action based upon an employee’s detrimental reliance on a promise of … Fuller contended that the company designated the separation from employment a “lay-off” so that Appellant would qualify to receive a vested deferred pension at age sixty-five. 2 .