Case law

Commonwealth ex rel. Walter v. Young

253 Pa. 356 · Supreme Court of Pennsylvania · Apr 17, 1916

L. 10, the office of county controller was established and that of county auditor or auditors abolished in each county in the Commonwealth containing one hundred thousand inhabitants or over. … The act creating the office of county controller in the class of counties specified is clearly constitutional, and the general election held in November of that year was the time at which the first controller in the said

Chambers Appeal

452 Pa. 149 · Supreme Court of Pennsylvania · May 23, 1973

On this record the adoption decree is legally immune from such attack. … Many important rights and relationships involving the child and the adoptive parents had been conclusively created and permanently established.

Applewhite v. Commonwealth

617 Pa. 563 · Supreme Court of Pennsylvania · Sep 18, 2012

the standards established by Act 18. … There is no doubt that the record, as it is, establishes the immediate and irreparable harm required for the injunction. 1 Pri- or to enacting Act 18, the General Assembly clearly failed to sufficiently consider the burdens

Commonwealth v. Meas

415 Pa. 41 · Supreme Court of Pennsylvania · Jul 1, 1964

The defense at trial was legal insanity. 3 A qualified psychiatrist testified that Meas suffered from *44 schizophrenia and. pseudo neurosis; that the illness was of long duration; that on the night in question he suffered … While the evidence was clearly sufficient to warrant this ■ conclusion, it was also adequate to support a finding of common law murder.

Com., Dept. of Transp. v. Patton

546 Pa. 562 · Supreme Court of Pennsylvania · Jan 14, 1997

PennDOT’s inspector disputed that opinion, stating that the *565 tree was sound, and that there was no evidence the topping was clearly visible from the ground. … available the defense of sovereign immunity.

Oswald v. Hausman

378 Pa. Super. 245 · Supreme Court of Pennsylvania · Oct 4, 1988

For reasons which do not clearly appear, but possibly because of poor respiratory health, Unangst elected to remain in his automobile rather than walk an approximate city block to a nearby home. … Under the present law, no other exception to immunity is applicable.

Danley v. Danley

179 Pa. 170 · Supreme Court of Pennsylvania · Jan 4, 1897

The cross-examination related to a transaction which occurred in the lifetime of the maker of the note, and clearly qualified the plaintiff to testify in the case “to all relevant matters.” … Nothing appears in this case to justify us in departing from the established rule.

MacDonald v. Schroeder

214 Pa. 411 · Supreme Court of Pennsylvania · Mar 19, 1906

After an exhaustive review of the cases bearing on this question the court qualified the doctrine of the earlier cases in the following language : “We cannot, therefore, consider Reynolds v. … The rule herein stated so clearly supports the contention of appellant that no useful purpose can be served by further dis-mission of it. ’’ The general rule on this question, recognized by text-writers, as well as by the

Parks v. Parks

390 Pa. 287 · Supreme Court of Pennsylvania · Oct 7, 1957

Thus, although' there may be immunity from suit between parent and child during life, the immunity does not extend to the personal representative of a deceased parent or child. … The presence or absence of insurance should be of no importance in determining the general rule of immunity.

Gentile v. West American Insurance Exchange

367 Pa. Super. 99 · Supreme Court of Pennsylvania · Oct 16, 1987

Gentile does not qualify as a “named insured” on any other applicable coverage, the West American policy by default falls first in the “order of priority” established by Section 1713(a). On the other hand, Mr. … Gentile had not qualified as an “insured” under the West American policy, the coverage issued to Mr.

Kay Estate

456 Pa. 43 · Supreme Court of Pennsylvania · Mar 25, 1974

Certainly, neither of the claimants involved in this appeal are described “with sufficient exactitude to clearly indicate a person or organization legally qualified to take.” … a person or organization legally qualified to take.”

Northern Central Railway Co. v. Harrisburg & Mechanicsburg Electric Railway Co.

177 Pa. 142 · Supreme Court of Pennsylvania · Oct 5, 1896

Indeed, the specific grant of these qualified rights is strongly indicative of legislative intention to withhold from such companies every other power of eminent domain. … For reasons already suggested we think he was clearly wrong in this.

Harrisburg v. Pass

372 Pa. 318 · Supreme Court of Pennsylvania · Jan 5, 1953

There is no merit in defendants’ argument that their property qualifies as a nonconforming use under section 17 (d) (1) of the ordinance, which provides that a nonconforming use in existence at the time of the adoption of … Defendants also urge that their property qualifies under section 16 (b) of the ordinance, which provides that “All buildings or structures for which building permits have been obtained . . ., and the excavation for which

Clark v. Clark

411 Pa. 251 · Supreme Court of Pennsylvania · Jun 4, 1963

the beneficiary and which has become payable to him, is subject to attachment by his creditors, and ... it is only when the donor or testator who created the trust has by clear language expressed the intention that the immunity … No principle in the. law of wills and trusts is more firmly and clearly established than that the intention of the testator or settlor must prevail. Walton Estate, 409 Pa. 225 , 186 A. 2d 32 (1962).

Lancaster Redevelopment Authority Appeal

425 Pa. 36 · Supreme Court of Pennsylvania · Mar 21, 1967

Section 705(1) provides that a qualified witness may state any and all facts and data which he considered in arriving at his opinion. … Such an instruction gave the memorandum the force of evidence and was clearly erroneous. Judgment reversed and new trial granted. Mr. Justice Roberts dissents.

New Castle v. Lawrence County

353 Pa. 175 · Supreme Court of Pennsylvania · Sep 25, 1945

Counsel for the taxing authorities presents another contention to the effect that legislation authorizing the *183 establishment of public parks beyond the city’s boundary is unconstitutional on the ground that, when established … This is the universal rule of constitutional law, and in no state has it been more clearly expressed and more uniformly applied than in Pennsylvania.”

Richard v. Brehm

73 Pa. 140 · Supreme Court of Pennsylvania · May 17, 1873

The fact of marriage tiren may be proved and established by competent and satisfactory evidence. What kind of evidence is held to be satisfactory ? … Whether the agreement of marriage preceded or followed the first sexual intercourse, whether it was five or ten y'ears thereafter, if clearly made and proved, it established a valid marriage.

United States Steel Co. v. Allegheny County

369 Pa. 423 · Supreme Court of Pennsylvania · Jan 7, 1952

It is a clear and unqualified expression of the legislative purpose to establish a system of ward representation, and necessarily supersedes all previous systems. … These cases are clearly distinguishable. Commonwealth v.

Gleason v. Borough of Moosic

609 Pa. 353 · Supreme Court of Pennsylvania · Apr 4, 2011

On these facts, Pasonick argues, “clearly at this point, any reasonable person would conclude that their ailments were caused by exposure to mold.” Pasonick’s Brief at 17. … Moreover, Appellants’ testimony established that prior to the year 2000, they did not know what “toxic mold” was, nor did they suspect that the air in their house might be filled with it.

Pennsylvania Bankers Ass'n v. Pennsylvania Department of Banking

599 Pa. 496 · Supreme Court of Pennsylvania · Dec 17, 2008

Thus, under either of these definitions, a credit union does not qualify as an “institution” within the meaning of the Department’s regulations. … Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any ... of the parties.... "PARTY.”