Case law

Midboe v. State Farm Mutual Automobile Insurance

495 Pa. 348 · Supreme Court of Pennsylvania · Jul 8, 1981

While the arguments are well made, I nonetheless believe the Legislature intended that a child, parent, brother or sister, as well as any other relative, must establish dependency on the deceased to qualify as a survivor … , unless such extension or inclusion is clearly required by the intent and meaning of the context, or disclosed by an examination of the entire act.

Warwick Board of School Directors v. Theros

494 Pa. 108 · Supreme Court of Pennsylvania · Mar 13, 1981

That case is clearly distinguishable. … It is only when a board has clearly established that the reduction conforms with the mandates of Section 1106 of the Code and the Constitutional provisions herein referred to, and that the suspension is made in accordance

Triffin v. Interstate Printing Co., Inc.

357 Pa. Super. 240 · Supreme Court of Pennsylvania · Sep 29, 1986

We find that rather than establishing the Bank’s duty to pay the funds in Interstate’s accounts only to Interstate, Georgia-Pacific supports precisely the opposite conclusion. … Under the facts of this case, we conclude that the accounts are not immune from attachment in execution because of the Bankruptcy Court’s order.

Pyeritz v. Commonwealth

613 Pa. 80 · Supreme Court of Pennsylvania · Nov 23, 2011

when, even after examining the record in the light most favorable to the non-moving party, and resolving of all doubts as to the existence of a genuine issue of material fact against the moving party, the moving party is clearly … In this case, the bailment relationship could not be established because the trooper had no authority to bind the Commonwealth in contract.

Commonwealth v. Echevarria

394 Pa. Super. 261 · Supreme Court of Pennsylvania · May 24, 1990

On appeal, appellant first argues the search warrant was invalid as based on insufficient evidence to establish probable cause. … She has been qualified and testified as an expert witness in numerous courts on many occasions. (Slip Op., Bayley, J., 7/10/89, p. 5.)

McGuire, S., Aplt. v. City of Pittsburgh

Supreme Court of Pennsylvania · Nov 23, 2022

and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.”). 18 Justice v. … A person’s “office”— in the sense that the General Assembly clearly used the word here—simply means his or her “position.”21 But there is very little if any difference between the scope of a person’s position and the scope

Ferguson's Estate

325 Pa. 34 · Supreme Court of Pennsylvania · Nov 24, 1936

If such radical departure from legislative policy had been intended by the Fiscal Code it would have been clearly indicated in the title as required by Article III, section 3, of the Constitution. … While the title, abstractly considered, is very comprehensive, it must be *43 construed in the light of the established legislative policy of the state which, as to the Decedents’ Estates legislation, was established long

Rieder Appeal

410 Pa. 420 · Supreme Court of Pennsylvania · Mar 19, 1963

The proceeding before the court below was based entirely upon the record established before the Board. … This language clearly indicates that the illustrated uses are not the only ones permitted.

Selected Risks Insurance Co. v. Thompson

520 Pa. 130 · Supreme Court of Pennsylvania · Jan 26, 1989

Civil Immunity. 25 By virtue of this status, official immunity is expressly contingent upon their role as a volunteer firefighter within the Commonwealth. … In the new Motor Vehicle Financial Responsibility Law, 31 which contains the current Uninsured Motorist Law, the General Assembly has spoken clearly on this issue.

Mooney v. Temple University of the Commonwealth System of Higher Education Board of Trustees

448 Pa. 424 · Supreme Court of Pennsylvania · Jun 28, 1972

The majority of non-public trustees clearly retains the powers to manage and control the University. … There is a well-established right at common law to inspect public records upon request in a reasonable manner. Wiley v.

Singer Manufacturing Co. v. Christian

211 Pa. 534 · Supreme Court of Pennsylvania · Apr 17, 1905

We must, therefore, treat the case as if this fact were established. … This principle clearly covers the theory of the case relied upon by the defendant.

Commonwealth v. Speaks

351 Pa. Super. 149 · Supreme Court of Pennsylvania · Feb 21, 1986

Such a physical manifes *154 tation qualifies as an explicit waiver under the definition provided by the Bussey Court. … In Carter , the Supreme Court adopted the qualified privilege rule with respect to disclosure of confidential informants.

Com., for Use v. Perry

330 Pa. 355 · Supreme Court of Pennsylvania · Mar 21, 1938

Their purpose was *358 clearly to create a special statute of limitations for this class of specialties. By long established definition, a bond is a specialty or sealed instrument. … However this may now be, immunity of the sovereign does not extend to the political subdivisions, the municipal corporations such as counties, townships, boroughs and the like. This was clearly stated in Clover v.

French v. Commonwealth ex rel. Zimmerman

78 Pa. 339 · Supreme Court of Pennsylvania · Jun 8, 1875

The manifest design was to establish a new tribunal for the administration of that branch of the law, and provide for its new officials. … adoption of this constitution, and at the first election under it, shall hold their respective offices until the time for which they have been elected oi' appointed shall expire, and until their successors shall be duly qualified

Thomas's Election

198 Pa. 546 · Supreme Court of Pennsylvania · Mar 18, 1901

On March 20, 1899, the petition of the requisite number of the qualified electors of the ward was presented to the court of quarter sessions of Lackawanna county contesting this election. … if the purpose of the act was clearly disclosed.

In Re Lowry

506 Pa. 121 · Supreme Court of Pennsylvania · Nov 20, 1984

Sections 704.1 of and 704.2 of the Public Welfare Code, 62 P.S. § 704.1, 704.2, merely establish the extent of the Department’s liability for reimbursement to the county for expenses incurred by the county for children and … We believe that the orders were clearly entered under subsection (i), as an order of custody to an "individual ... found by the court to be qualified to receive and care for the child.”

Fallon v. Penn Central Transportation Co.

444 Pa. 148 · Supreme Court of Pennsylvania · Jul 21, 1971

It is well established that in considering a motion for a judgment non obstante veredicto, the evidence must be viewed in the light most favorable to the verdict winner. See, Herron v. … There our Court said (at page 440) that a “railroad company . . . cannot use the stop, look and listen sign as a badge of immunity from liability for accidents occurring as the result of nonvisibility.

Rogan Estate

404 Pa. 205 · Supreme Court of Pennsylvania · Jun 2, 1961

Roga,n, given in response to questions submitted by the bank’s counsel, clearly rebutted the implications of her testimony as related above and established conclusively the existence of a valid gift inter vivos. … witness may be examined as to anything legitimately growing out of or related to matters inquired about in his cross-examination by the other party. . .He may be re-examined ■ as to all' matters- tending .to explain . or qualify

Fry's Election Case

71 Pa. 302 · Supreme Court of Pennsylvania · Jul 3, 1872

The question turns wholly upon their residence, the students being otherwise duly qualified voters. … The state and district residence thus being of the same nature, it is proper now to exhibit that nature more clearly, in order to define it properly.

Jackson v. Litch

62 Pa. 451 · Supreme Court of Pennsylvania · Jan 3, 1870

This the authorities clearly establish: Perit v. Cohen, 4 Whart. 81 ; Markley v. Swartzlander, 8 W. & S. 172 . “A party,” says C. J. … It is argued that this evidence contradicted or varied the terms of the writing, but clearly this was not so. It was a fact entirely outside of the paper.