Case law

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.

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.

Magazine Publishers of America v. Commonwealth, Department of Revenue

539 Pa. 563 · Supreme Court of Pennsylvania · Jan 18, 1995

Newspaper means “a ‘legal newspaper’ or a publication containing matters of general interest and reports of current events which qualifies as a ‘newspaper of general circulation’ qualified to carry a ‘legal advertisement’ … Clearly, this is a tax of general applicability and was not designed to “suppress the expression of particular ideas or viewpoints.” Id.

Clark v. Pennsylvania State Police

496 Pa. 310 · Supreme Court of Pennsylvania · Nov 6, 1981

Specific performance should only be granted where the facts clearly establish the plaintiff’s right thereto, where no adequate remedy at law exists, and where justice requires it. Roth v. … jurisdiction, the legislature carefully provided that the jurisdiction of the newly created court would not repeal, modify or supplant the jurisdiction of the Board. 3 When the ban imposed by the common law doctrine of sovereign immunity

Muckle v. Westinghouse Electric & Manufacturing Co.

230 Pa. 472 · Supreme Court of Pennsylvania · Feb 27, 1911

establishes a relation between the parties inconsistent with agency, and which in itself excludes the idea of compensation at the expense of the defendant company, whether by commission or otherwise. … We state the whole case when we say that it was not a contract of employment; the contract committed the defendant to nothing, and all it gave the plaintiff was a qualified, preferential right to sell the electrical apparatus

Cooper's Estate

206 Pa. 628 · Supreme Court of Pennsylvania · Jul 9, 1903

“To establish a conversion, the will must direct it absolutely, or out and out, irrespective of all contingencies: ” Anewalt’s Appeal, 42 Pa. 414 ; and, “ unless there be an imperative direction to sell, irrespective of contingencies … What we have said as to the time when there was a conversion of the real estate of the testator, and as to the immunity of the proceeds of the sale of it from liability for his common debts, disposes of the questions raised

Miller v. Brass Rail Tavern, Inc.

541 Pa. 474 · Supreme Court of Pennsylvania · Aug 24, 1995

It is also well established that a witness may be qualified to render an expert opinion based on training and experience. Rutter v. … Furthermore, trial counsel for Appellee, The Brass Rail Tavern, Inc., advised the court that “Your Honor, clearly, there's a number of trial strategies and a number of ways to defend the case.

Commonwealth Ex Rel. Kelley v. Clark

327 Pa. 181 · Supreme Court of Pennsylvania · Jun 8, 1937

Here again the abolition of an office is not prohibited; clearly forbidden, however, is the diminution of an incumbent’s salary or emoluments during the term if the office continues. … Each commissioner shall qualify by filing with the mayor an oath to perform the duties of his office faithfully and without fear or favor.

G. BouSamra, M.D. v. Excela Health, Aplts.

210 A.3d 967 · Supreme Court of Pennsylvania · Jun 18, 2019

Decisions to this effect confuse the work-product immunity with the attorney-client privilege. … Given the confidential nature of the documents at issue, we are precluded from publicly analyzing the specific contents of the emails, and fully explaining why the emails qualify as attorney work product, but the emails clearly

Pittaulis Liquor License Case

444 Pa. 243 · Supreme Court of Pennsylvania · Oct 12, 1971

It further appears that appellant is an otherwise qualified applicant. … The Liquor Control Board was designed and established to regulate the sale of liquor throughout the Commonwealth, not to adjudicate collateral issues involving rights and interests in real property.

Erie Insurance Co. v. Heater, D. (WCAB); Apl. of: Heater

Supreme Court of Pennsylvania · Mar 26, 2026

. § 701, clearly demonstrates that the legislature intended to limit Section 401’s broader definition to the provisions of Article IV, which concern the procedure for processing claims before workers’ compensation judges … See id. at 526 (“Section 204(a) is ambiguous with respect to the specific question presented here, i.e., whether all employers, or only self-insured employers qualify for purposes of the severance offset.”)

Kurtz v. Pittsburgh

346 Pa. 362 · Supreme Court of Pennsylvania · Nov 30, 1942

war veterans to be appointed even though above such maximum [of age] is not the mere granting to them of a preference if otherwise eligible but the *379 setting np for them of a standard of eligibility different from that established … Schmid, supra, clearly shows the distinction between those cases where veterans who qualify in civil service examinations for public jobs are given some advanced rating because of their previous military discipline and training

Commonwealth v. Graver

461 Pa. 131 · Supreme Court of Pennsylvania · Mar 18, 1975

Moreover, we will not ‘pass upon the reasons for or against such action unless it is plain that no such grounds existed or that the rules of law relied on are palpably wrong or clearly not applicable.’ … “Until the establishment of this restaurant in the area such offensive public conduct was unknown; it was the establishment of the business within this area *136 which attracted those persons whose conduct so mortified and

Griffitts v. Cope

17 Pa. 96 · Supreme Court of Pennsylvania · Jul 1, 1851

All religious societies hold land for a qualified purpose, because the law does not allow them to hold for general purposes. … To produce this effect it is necessary that other words be added, showing clearly that the testator intended that the land should revert on the abandonment of the particular use.

Klein v. Pennsylvania Savings Fund & Loan Ass'n

216 Pa. 516 · Supreme Court of Pennsylvania · Jan 7, 1907

Such testimony tended to establish not only the fact that the association had a fixed, definite premium for all loans, but that, as the plaintiff alleges, his loan and the loans of the other stockholders whose applications … Such action on the part of the defendant association clearly shows that it was not conducting a legitimate building and loan association business, but was using its charter as a device or cover for the purpose of evading

BFC Hardwoods, Inc. v. Board of Assessment Appeals

565 Pa. 65 · Supreme Court of Pennsylvania · May 22, 2001

Presently, BFC argues that the dry kilns qualify for exclusion from local real estate taxation as machinery or equipment contained in an industrial establishment, see 72 P.S. § 5453.201(a), since they are employed directly … Accord Golden Triangle, 31 Pa.Cmwlth. at 559 , 377 A.2d at 845 (stating that "a commercial laundry has been held to be an industrial establishment although it is clearly not engaged in manufacturing,” and "[t]he same *75

Chepkevich v. Hidden Valley Resort, L.P.

607 Pa. 1 · Supreme Court of Pennsylvania · Jun 21, 2010

the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing the immunity is upon the party invoking … immunity.

University of Dominica v. Pennsylvania College of Podiatric Medicine

301 Pa. Super. 68 · Supreme Court of Pennsylvania · Jun 18, 1982

More specifically, some of the Appellant’s students have served so-called “clinical rotations” in Pennsylvania hospitals with which the Appellant had established agreements. … The Appellant’s admssion of that status in its answer to the preliminary objections is clearly binding and cannot be ignored. See Grubbs v. Dembec, 241 Pa.Super. 18 , 359 A.2d 418 (1976).

Kuhlman v. Smeltz

171 Pa. 440 · Supreme Court of Pennsylvania · Oct 7, 1895

L. 139, is entitled “ an act to authorize the triennial election of county assessors in cities of the third class,” and provides in two short sections that the qualified voters of each ward shall elect a “ properly qualified … We are clearly of opinion that the latter was the whole purpose and scope of the act. The objections to the first view are plain and weighty.

Commonwealth v. Spotz, M., Aplt.

171 A.3d 675 · Supreme Court of Pennsylvania · Oct 18, 2017

By employing the past tense in writing this provision, the legislature clearly intended that the right was already recognized at the time the petition was filed. Id. at 501. … The Court noted that the Court’s assessment of risk and how much risk qualifies as violent is tied to an abstract “ordinary case.”