Case law

Murphy v. Cartex Corp.

377 Pa. Super. 181 · Supreme Court of Pennsylvania · Aug 24, 1988

It is a general precept of the law that courts are uniquely qualified to fairly grant equitable relief. … His disability, therefore, was clearly job-related.

Commonwealth v. Stoyko

504 Pa. 455 · Supreme Court of Pennsylvania · Apr 17, 1984

So viewed, the evidence was clearly sufficient to establish appellant’s guilt beyond a reasonable doubt as to both counts of murder of the first degree. … the death penalty, the appellant will have no opportunity for post-conviction relief wherein he could raise, say, an assertion of ineffectiveness of counsel for failure to preserve an issue or some other reason that might qualify

Meade v. Pennsylvania Railroad

375 Pa. 325 · Supreme Court of Pennsylvania · Nov 24, 1953

Clearly, it was for the jury under such evidence to determine whether defendant had given adequate warning of the train's approach." … Hussey and Co., 359 Pa. 129, 132 , this Court said: "It has long been the established law in this Commonwealth that contributory negligence may be declared as a matter of law only when it is so clearly revealed that fair

Commonwealth v. Baumhammers

599 Pa. 1 · Supreme Court of Pennsylvania · Nov 20, 2008

Therefore, the relaxed waiver rule clearly does not apply to Appellant’s issues, even though Appellant’s trial occurred prior to the effective date of the new rule. See Commonwealth v. … At the very least, Appellant must be considered to have waived his argument, as he clearly did not raise a timely objection to the trial court’s refusal to order a change in venire.

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

613 Pa. 64 · Supreme Court of Pennsylvania · Nov 23, 2011

Federal law defines the requirements for a qualifying “repeat intoxicated driver law,” ie., one that prevents diversion of the federal funds. … Similarly, in the comment generally explaining ARD in the Pennsylvania Rules of Criminal Procedure, the following sentences clearly show that a participant in ARD is assumed under the rules to be an offender: The primary

Heinlein v. Allegheny County

374 Pa. 496 · Supreme Court of Pennsylvania · Jun 26, 1953

The highways established as a State highway under the provisions of this act shall be taken over upon approval of this act. “APPEOYED — The 19th day of May, A.D. 1941.” … L. 468, clearly shows the purpose and intention of the legislature to take over certain main public roads, including causeways or bridges, drains or water-courses, which may form a part of the road so taken, ‘and which has

Commonwealth v. Edmiston

619 Pa. 549 · Supreme Court of Pennsylvania · Apr 24, 2013

These filings are clearly untimely. Therefore, unless one of the statutory exceptions apply, the courts lack jurisdiction to consider the claims raised therein. … and techniques to solve crimes, investigate deaths and protect the public; to identify potential scientific advances that may assist law enforcement; to make recommendations for programs that will increase the number of qualified

Pennsylvania Railroad v. Pennsylvania Public Utility Commission

396 Pa. 34 · Supreme Court of Pennsylvania · May 18, 1959

Philadelphia, 386 Pa. 350, 353 , 126 A. 2d 399 , where the Court said: “. . . it is . . . well established that a court will take jurisdiction only in a case in which a challenged statute, ordinance, or rule of court has … The Public Utility Commissioners have far less experience, and for this and other well known reasons are far less qualified to manage a railroad than are the officers and directors of the railroad.

Commonwealth v. Brown

596 Pa. 354 · Supreme Court of Pennsylvania · Mar 26, 2008

— established by the PCRA, as we held in Lantzy. … Clearly, this is not such a case, because it presents not the failure to file an appeal, but the failure to comply with governing rules to perfect that appeal. .

Lathrop's Appeal

1 Pa. 512 · Supreme Court of Pennsylvania · Sep 15, 1845

It must be admitted, I think, that this doctrine has been established of late by the recent English cases. Lord Eldon, in Copis v. … Beaver was clearly a case where the surety had the benefit of a judgment against himself and the principal, which had been actually paid, and thus extinguished by him at law, for the purpose of recovering by means thereof

Commonwealth v. Rico

551 Pa. 526 · Supreme Court of Pennsylvania · Apr 27, 1998

This Court has recognized that race and gender always establish cognizability pursuant to Batson , thereby providing sound guidance to the trial courts. See Commonwealth v. … This obstacle, however, cannot extinguish the right of qualified jurors and indeed all Americans to a justice system devoid of discrimination in violation of the Constitution.

Springfield Sch. Dist. v. DEPT. OF. ED.

483 Pa. 539 · Supreme Court of Pennsylvania · Jan 24, 1979

It was clearly within the power of the General Assembly to enact the ten mile proviso in Act 372. … Because of this legally mandated disparity in treatment, the court found the statute to violate the establishment clause. The Benton decision is clearly distinguishable and appellants' reliance upon it is unjustified.

Discovery Charter School v. School District of Philadelphia

166 A.3d 304 · Supreme Court of Pennsylvania · Aug 8, 2017

CAB oversight is necessary to prevent local school boards from restricting the creation and growth of charter schools and defeating the legislative intent to provide expanded choices in public education, id.-, and that immunizing … To the contrary, it argues, the Commonwealth Court clearly held that when a request has been made for an amendment for a particular school year, failing to consider the request before that school year ends constitutes a denial

Commonwealth v. Clanton

395 Pa. 521 · Supreme Court of Pennsylvania · May 8, 1959

It was unequivocally and conclusively established that he killed Page by firing revolver shots into his body. An eyewitness testified to seeing Clanton's revolver accomplishing the fatal deed. … When such a rule is the product of a conceptualism long ago discarded, is universally criticized by scholars, and teas been qualified or abandoned in many jurisdictions, it should receive the most careful scrutiny."

Discovery Charter School v. School District of Philadelphia

166 A.3d 304 · Supreme Court of Pennsylvania · Aug 8, 2017

CAB oversight is necessary to prevent local school boards from restricting the creation and growth of charter schools and defeating the legislative intent to provide expanded choices in public education, id.-, and that immunizing … To the contrary, it argues, the Commonwealth Court clearly held that when a request has been made for an amendment for a particular school year, failing to consider the request before that school year ends constitutes a denial

Hall v. Pennsylvania Board of Probation & Parole

578 Pa. 245 · Supreme Court of Pennsylvania · Jun 22, 2004

Id. at 676. [10] More recently, in a number of decisions, this Court has clearly indicated that we are not obligated to follow the decisions of the Third Circuit on issues of federal law. See, e.g., Commonwealth v. … Mickens-Thomas had established a substantial likelihood of an increase in the period of his incarceration because of the policy changes.

Hamilton v. Cadwalader

3 Serg. & Rawle 519 · Supreme Court of Pennsylvania · Dec 29, 1817

From the principles established by these cases, it follows, I. that the law will support the covenant in the case before us, as descendible to the heirs, and not the executors of the covenantees. 2. … It may be granted in fee, Of course, it may as a qualified or conditional fee.

Commonwealth v. Bulling

331 Pa. Super. 84 · Supreme Court of Pennsylvania · Jun 29, 1984

In rejecting the defendant’s argument, this Court commented that, “An expert may be qualified in several different ways. … Clearly, the unavailability of appellant is not chargeable to the Commonwealth. See Pa.R.Crim.P. 1100(d)(3)(i). Subsequently, on March 30, 1981, appellant waived Rule 1100 to June 3, 1981. 7 .

Commonwealth v. Johnson, C., Aplt.

630 Pa. 493 · Supreme Court of Pennsylvania · Dec 30, 2014

He clearly rejected this option as futile, however, choosing instead to engage Officer Grove in violence to avoid arrest. … Such a qualified and equivocal opinion failed to lay an evidentiary foundation for an (e)(3) mitigation instruction. IV.

In re Anonymous No. 10 D.B. 79 & 58 D.B. 81

28 Pa. D. & C.3d 147 · Supreme Court of Pennsylvania · Jan 10, 1984

disciplinary proceeding, resulting in a six month suspension from the practice of law being imposed upon him in 10 D.B. 79, arose out of a complaint that petitioner suggested to a client that she falsify her address in order to establish … &C. 3d 127 (1979), involved a written agreement between a non-lawyer and the lawyer respondent therein, which clearly evidenced the existence of a partnership for the practice of law, including a fee sharing agreement between