Case law

Kilgore v. City of Philadelphia

553 Pa. 22 · Supreme Court of Pennsylvania · Aug 21, 1998

The City argued that in order to pierce its shield of governmental immunity, a claim involving government property must establish that an actionable dangerous condition of government property derives or originates from the … . *32 The instant case clearly is controlled by Finn . As in Finn , appellants here have failed to allege any defect of the real property itself.

Smith v. Commonwealth ex rel. Dillon

41 Pa. 335 · Supreme Court of Pennsylvania · Feb 3, 1862

We need not-say much about this issue, for, very clearly, it is one not of fact, but of law — the duties of a public officer; and *341 the relator ought, in his petition, to have referred to or set forth the law or ordinance … Again, the defendant avers that the councils have never established any salary for the high constable, as is required by the act creating the office (8th April 1833, § 15), and therefore there is no foundation for the ordinance

Antonace v. Ferri Contracting Co., Inc.

320 Pa. Super. 519 · Supreme Court of Pennsylvania · Oct 28, 1983

These cases, as well as the Restatement of Torts, clearly indicate that if the actor realizes or at least has knowledge of sufficient facts to cause a reasonable man to realize the existing peril for a sufficient period of … Arguably, the addition of these two qualifying paragraphs would save the charge from any finding of error that might be indicated under Evans, supra.

Pennsylvania R. v. Marchant

119 Pa. 541 · Supreme Court of Pennsylvania · Apr 9, 1888

This was an immunity enjoyed by corporations and not by individuals. Cases of great hardship soon arose. O’Connor v. Pittsburgh, 18 Pa. 187 , was one of these. … It is true this principle is qualified to a certain extent.

McHugh v. Litvin, Blumberg, Matusow & Young

525 Pa. 1 · Supreme Court of Pennsylvania · May 14, 1990

It is true that in order for one to make out a cause of action based upon legal malpractice, three elements must be established: 1. The employment of the attorney or other 'basis for duty; 2. … We have reexamined the briefs filed in the Hopkins appeal and find that they clearly set out the pertinent facts of when Mr.

In Re Estate of Indyk

488 Pa. 567 · Supreme Court of Pennsylvania · Dec 21, 1979

The purport of the Act is to merely require that the basic integrity of the record keeping is established. … The record clearly supports the chancellor’s finding that the witness in the instant case possessed adequate knowledge of the regularity of the record keeping process of National Union to qualify the challenged records under

Wagner v. National Indemnity Co.

492 Pa. 154 · Supreme Court of Pennsylvania · Sep 22, 1980

Section 303 of the Workmen’s Compensation Act 2 clearly limits the liability of “employers” but provides no basis for a no-fault insurance company to escape liability by assuming the cloak of an employer. *172 Whether, if … Such a result too broadly interprets the immunity established by the Workmen’s Compensation Act and provides a windfall escape from liability for insurance companies. . Act of July 19, 1974, P.L. 489, No. 176, art.

Pennsylvania Horticultural Society v. Craig

240 Pa. 137 · Supreme Court of Pennsylvania · Mar 31, 1913

Justice Elkin, That the deed of 1887 conveyed a base, qualified or determinable fee cannot in the light of the authorities be seriously questioned. … All of this clearly appears in the recitals and in the resolutions passed by the society.

In re Contested Election of Law Judges

109 Pa. 337 · Supreme Court of Pennsylvania · Oct 5, 1885

A proposition so startling as this, and one affirming such an unequal and unjust discrimination against all the legal voters of a county, ought not to be assented to, unless its correctness be clearly established. … That the section of the Constitution cited, was not intended to execute itself in the formation of judicial districts, but requires legislative action is clearly shown by sect., 14 of the schedule.

Pocono Manor Investors, LP v. Pennsylvania Gaming Control Board

592 Pa. 625 · Supreme Court of Pennsylvania · Jul 12, 2007

Pocono has failed to establish that the Board capriciously disregarded any evidence before it. … Clearly, the Legislature envisioned that the BIE would be an independent arm of the Board that would satisfy the Board’s investigatory role.

Commonwealth v. Hamilton

459 Pa. 304 · Supreme Court of Pennsylvania · Oct 16, 1974

Kool, also a qualified psychiatrist, who examined the appellant on two occasions. … If the trial judge could be said to have abused his discretion, therefore, the error was clearly harmless. In conclusion, we note that appellant has filed, pro se, separate brief.

Martin v. National Surety Corp.

437 Pa. 159 · Supreme Court of Pennsylvania · Jan 30, 1970

Absent the sovereign immunity doctrine, appellant could proceed against the Commonwealth on the right of action which arose out of a contract. … Hence, it is difficult to see how it could establish a prior right to the funds represented by those contracts.

Commonwealth ex rel. Scott v. Board of Public Education

187 Pa. 70 · Supreme Court of Pennsylvania · Jul 21, 1898

This was clearly settled in Com. ex rel. Sherry v. Jenks, 154 Pa. 368 , supra. The gradation of teachers into principals and subordinates is of long standing, and is recognized in our acts of assembly. … It is the right of the sectional boards to select from the classes thus established the individuals to fill the required positions in their several sections.

Palmer v. O'Hara

359 Pa. 213 · Supreme Court of Pennsylvania · Nov 25, 1947

A study of the pertinent legislative enactments and court decisions clearly reveals that lieensures of physicians for the practice of medicine and for the practice of osteopathy as originally established and ordained by the … The obvious and appropriate answer is that only a further Act of Assembly, and not a voluntarily established hospital, can be the legally efficient means of bringing osteopaths within the sc'ope of “qualified physicians”

Stinner v. Stinner

362 Pa. Super. 219 · Supreme Court of Pennsylvania · Apr 6, 1987

The pension plan established by Bethlehem Steel Corporation is governed by ERISA. … (ii) Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders.

Commonwealth v. Golden Gate Nat'l Senior Care LLC

194 A.3d 1010 · Supreme Court of Pennsylvania · Sep 25, 2018

materials violated sections 4(v) and (xi) of the UTPCPL because the statements therein were “so vague and indefinite as to categorically qualify as puffery[,]” which is not actionable under the UTPCPL. … [J-35-2018] - 33 explicitly and conspicuously when establishing relief available, and who may obtain such relief.

Keller v. Commonwealth, Department of Public Welfare

502 Pa. 58 · Supreme Court of Pennsylvania · Jul 8, 1983

This result, and the majority’s opinion upholding it, clearly contravene the policies of both the Public Welfare Code and Title XIX of the Social Security Act. … The “scientific instruments of analysis” *65 which chiropractors are licensed to use in furnishing patient care clearly include X-ray equipment and X-rays.

Bershefsky v. COM., DEPT. OF PUB. WELFARE

491 Pa. 102 · Supreme Court of Pennsylvania · Jul 21, 1980

Only where it " clearly, palpably and plainly violates the Constitution," may the statute be struck down. Singer v. Shepard, supra ; Daly v. … First, the Mayle decision clearly established a new principle of law by overruling the doctrine of sovereign immunity which was firmly entrenched in this jurisdiction and heavily relied upon by the Commonwealth.

Smith v. Holmesburg, Tacony & Frankford Electric Railway Co.

187 Pa. 451 · Supreme Court of Pennsylvania · Oct 17, 1898

A mere guess or conjecture respecting the rate of speed was not sufficient to establish it, and this was all his testimony in regard to it amounted to. … The promptness with which the car was stopped when the horse turned and backed the cart, as above stated, clearly showed that it was running slowly, and the charge that it was run recklessly and in disregard of the rights

Feingold v. Southeastern Pennsylvania Transportation Authority

512 Pa. 567 · Supreme Court of Pennsylvania · Nov 18, 1986

An authority shall transact no business or otherwise become operative until and unless a majority of its board shall have been qualified in accordance with this article. 55 Pa.S. § 600.303(a) (emphasis added). … Appellant attempts to argue that our erosion of the sovereign immunity doctrine as exemplified in Mayle can be extended to punitive damages.