Case law

Commonwealth v. Cain

349 Pa. Super. 500 · Supreme Court of Pennsylvania · Jan 17, 1986

Defendant was clearly able to formulate and carry out a plan or design. … Appellant clearly suffered from psychological problems. Indeed, he did not cope well with the daily task of getting along in society.

Commonwealth v. Baker

511 Pa. 1 · Supreme Court of Pennsylvania · Jun 23, 1986

The Commonwealth’s case against Appellant rested solely on the testimony of Janet Fleming, an alleged accessory to the crime, who was given immunity to testify by the Commonwealth. … Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), which established a rule of law that limited venirepersons who could be excluded from a jury considering the death penalty to the following: Nothing we say today

Commonwealth v. Gaerttner

335 Pa. Super. 203 · Supreme Court of Pennsylvania · Nov 2, 1984

The trial judge pursued the question of her competency to testify and found her qualified. … In this case, the answer was clearly in response to the question. We do not agree with the trial court’s characterization of it as “spontaneous.”

Polett, M., Aplt. v. Public Communications Inc.

633 Pa. 445 · Supreme Court of Pennsylvania · Oct 27, 2015

Booth, the jury would, at the very least, have been subjected to a separate proceeding apart from the main trial, in which a qualified witness on legal matters would have been required to testify and be cross-examined by … Booth’s causation testimony, was neither manifestly unreasonable, nor clearly erroneous, as Appellees were made fully aware of Dr.

Commonwealth, Department of Public Welfare v. Molyneaux

498 Pa. 192 · Supreme Court of Pennsylvania · May 26, 1982

Westcott, 443 U.S. 76 , 99 S.Ct. 2655 , 61 L.Ed.2d 382 (1979) it was clearly held that benefits were to be paid to families "in which either the mother or the father is unemployed within the meaning of the act." 443 U.S. … Such incorporation is necessary if this Commonwealth is to qualify for federal funding of those programs. The state also administers a general assistance program under its own standards with state funds.

Johns v. Erb

5 Pa. 232 · Supreme Court of Pennsylvania · May 22, 1847

To induce an appellate court to yield to such a demand, it ought to be made clearly apparent that the jury erred in point of fact, or were misled to their decision by a misdirection in law of the judge before whom the issue … There, as here, the general creditors asserted the affirmative of this proposition, and yet not one witness was examined by the plaintiffs at law *239 to establish their assertion.

Commonwealth ex rel. Bressler v. Gane

3 Grant 447 · Supreme Court of Pennsylvania · Jul 1, 1863

Originally and before the adoption of the Constitution of the United States, each State was a sovereign and independent nation, possessing all the sovereign rights and immunities of any other nation. … It is- a principle well established, that even in eases where Congress might assume an exclusive jurisdiction, the authority of the States remains until such jurisdiction is assumed.”

Gonzalez v. United States Steel Corp.

484 Pa. 277 · Supreme Court of Pennsylvania · Mar 16, 1979

The general rule provides that one who employs an independent contractor, who is qualified to perform the task, is not responsible for the negligence of the contractor or his employes provided the employer does not personally … Comment C to Section 416 of the Restatement clearly defines the ambit of Section 413 as follows: “Section 413 states the liability of one who employs an independent *301 contractor to do such work [work dangerous in absence

Commonwealth v. Rasheed

392 Pa. Super. 280 · Supreme Court of Pennsylvania · Mar 27, 1990

Had the majority indicated that it intends to “constitutionalize” this supposed right, and thereby render it immune from statutory or procedural abrogation or restriction, I would even more vigorously dissent. … If that was sufficient to establish such a right, then the trial court’s supervisory powers over the conduct of jury trials would soon be at an end.

Ferraro, B. v. Patterson-Erie, Aplt.

Supreme Court of Pennsylvania · Apr 25, 2024

The Superior Court panel concluded that the plaintiff’s conduct did not qualify as a good faith effort to accomplish service of process. Id. … Farinacci, 511 A.2d at 760 (Zappala, J., dissenting) (stating that the Lamp decision “clearly evinces an intention to permit a party to demonstrate that his actions have not unreasonably stalled the legal proceedings he

Schenck v. TOWNSHIP OF CENTER

601 Pa. 548 · Supreme Court of Pennsylvania · Jul 22, 2009

No. 4003.3 — do not qualify as public records. See LaValle, 564 Pa. at 495 , 769 A.2d at 457 . … The Township moved for summary judgment, and, at argument on the motion, Appellant contended that the Township could not establish privilege without producing the unredacted attorney invoices for review.

Commonwealth v. Galloway

302 Pa. Super. 145 · Supreme Court of Pennsylvania · Jul 16, 1982

A conviction for arson requires the establishment of three facts: (1) that there was a fire; (2) that it was of incendiary origin; and (3) that defendant was the guilty party. Commonwealth v. … The Crimes Code clearly authorizes the court to order restitution, either as a condition of probation or as a direct sentence. Commonwealth v. Kerr, supra, 298 Pa.Superior at 259, 444 A.2d at 760 ; Commonwealth v.

Commonwealth v. Harris

351 Pa. 325 · Supreme Court of Pennsylvania · Jan 10, 1945

L. 42, No. 35, Sec. 2, provides as follows: “A record of an act, condition or event shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of … It was clearly admissible and it was not “slim.” As reported by the witness, Phoebe Hawkins, it bore the impress of truthfulness.

Ursinus College v. PWAB Apl of: IBEW, Loc. 98

Supreme Court of Pennsylvania · Feb 21, 2024

IBEW explains that the legislative intent and policy goals behind the MAA and the PWA are clearly distinct, with the MAA protecting taxpayers and the PWA protecting workers. … As such, we give effect to the language of the PWA as clearly and unambiguously written. Crown Castle NG East LLC v. Pa. Pub. Util.

In re Anonymous No. 2 D.B. 75

23 Pa. D. & C.3d 177 · Supreme Court of Pennsylvania · Mar 31, 1982

All of the evidence now clearly points to a reversal of his “old ways” and a favorable change in attitude and personal habits has taken place. … Petitioner has met the requirements set forth in our rules and is qualified for reinstatement.

Dougherty v. Snyder

15 Serg. & Rawle 84 · Supreme Court of Pennsylvania · Dec 15, 1826

And the book clearly proved this; for that book does not purport to be original enactments, but a digest of the whole body of civil law; a codification, not new enactments. … It does not follow, because for certain reasons the right may be qualified) and recovery suspended during the coverture, yet when the reasons are removed by the death of the husband, she should have no remedy against the

Maguire v. Osborne

384 Pa. 430 · Supreme Court of Pennsylvania · Mar 13, 1956

For a proper understanding of the controversy and the chancellor's treatment of the plaintiff's contentions, *433 a recital of some of the established facts is necessary. … It was at the same meeting that the Hofmanns, to each of whom Osborne had assigned a share of Fibreflex stock for qualifying purposes, were first elected directors and executive officers of the corporation.

Commonwealth v. Zettlemoyer

500 Pa. 16 · Supreme Court of Pennsylvania · Dec 30, 1982

As is usual in such complaints, isolated portions of the charge are extracted with materially qualifying sentences or phrases conveniently omitted.” Slip opinion at 13. … In meeting this burden, the Commonwealth must prove every element necessary to establish murder of the first degree and every element necessary to establish one or more aggravating circumstance which the legislature has determined

McGarrity v. Commonwealth

311 Pa. 436 · Supreme Court of Pennsylvania · Jan 16, 1933

L. 814, providing, inter alia, for the acquiring, taking and condemnation of real estate for the site and approaches of the Delaware River Bridge, did not clearly express in its title a purpose to impose on the Commonwealth … The damage sustained by plaintiff in the Memorial Bridge case was clearly what is known in law as “consequential damage.” None of plaintiff’s property was taken away from him.

Commonwealth v. Travaglia

502 Pa. 474 · Supreme Court of Pennsylvania · Sep 29, 1983

It was established that the automobile was registered to one William Nicholls of Pittsburgh who had recently disappeared. … At best, such factors would render it completely arbitrary whether a contemporaneous offense would qualify as an aggravating circumstance under subsection (d)(10).