Case law

Commonwealth v. Kohl

395 Pa. Super. 73 · Supreme Court of Pennsylvania · Nov 14, 1990

Following the interrogation, the trial judge found him qualified to testify as to the speed of the vehicle. Dr. … To permit a person to be immunized from the consequence of his illegal act, when the act and the resulting crime are both punishable, is an argument that defies reason.

Commonwealth v. Pyle

462 Pa. 613 · Supreme Court of Pennsylvania · Jul 7, 1975

Ct. 1045 , 16 L.Ed.2d 84 (1966). 7 In Kent , the Supreme Court reviewed the special rights and immunities conferred on the juvenile in a juvenile adjudicatory proceeding, 8 and concluded that in view of the important *621 … Such a petition was not filed here, nor could it have been since the Juvenile Act clearly states a “ ‘delinquent act’ shall not include the crime of murder” 11 P.S. § 50-102. See also 11 P.S. § 50-325(d) & (e). 7 .

Commonwealth v. Wucherer

351 Pa. 305 · Supreme Court of Pennsylvania · Nov 30, 1944

Unless, therefore, malice were impliable from physical events, it could scarcely ever be evidentially established. … In the present case, however, the court omitted the qualifying adjective in but one of several instances in the course of the charge.

Highway Express Lines, Inc. v. Winter

414 Pa. 340 · Supreme Court of Pennsylvania · May 11, 1964

York School District, supra, clearly rules the instant situation in this respect. … [The unsuccessful bidder] [is] wanting in a specific remedy only because [it] had failed to establish a legal right.

Beckman v. Vassall-Dillworth Lincoln-Mercury, Inc.

321 Pa. Super. 428 · Supreme Court of Pennsylvania · Nov 10, 1983

Such a declaration would clearly be improper. Thus, in the absence of any evidence to support his claim, we reject the Appellant’s assertion of unconscionability. … Rule 1045(b) states: "All affirmative defenses, including but not limited to those enumerated in Rule 1030, and the defenses of consent, qualified privilege, fair comment, truth and justification, and, unless previously raised

Van Sciver Co. v. McPherson

199 Pa. 331 · Supreme Court of Pennsylvania · May 13, 1901

Everything that occured between the defendant and the witness at the time it was written was therefore clearly competent as tending to establish the former’s fraudulent conduct. … Her testimony to establish the truth of the representation and to rebut the allegation that it was false, was offered and tended to show that she had the HI,000.

Glidden v. Strupler

52 Pa. 400 · Supreme Court of Pennsylvania · Oct 17, 1866

But we have seen that in such a case equity does not overturn but follows the law: Story’s Equity, §§ 64 a, 3, 96, 97, 177, 243. - Our own cases fully establish that there is no such doctrine of equity. … What immunity or protection would she have from her incapacity to alienate her property, if it could be removed by changing the form of action from law to equity?

Commonwealth ex rel. Brown v. Gumbert

256 Pa. 531 · Supreme Court of Pennsylvania · Feb 26, 1917

The limits within that right exists, in view of our frequent decisions on the subject, may now be regarded as clearly defined, as much so as the method by which it is to be accomplished. … provisions of the act abundantly admit of its immediate application to the County of Allegheny, and it is equally clear that to make it operate in the other counties as they acquire the minimum population and so become qualified

Commonwealth v. Doty

345 Pa. Super. 374 · Supreme Court of Pennsylvania · Aug 16, 1985

Appellants bear the burden of demonstrating that the statute “clearly, palpably and plainly” violates the Constitution. Hayes v. … Suffice it to say that clearly it was sufficient to sustain Kirkwood’s convictions.

Glenn v. Philadelphia & West Chester Traction Co.

206 Pa. 135 · Supreme Court of Pennsylvania · May 11, 1903

A party should not be permitted to establish his claim or to prove his defense by a cross-examination of the witnesses of his opponent. Such is not the purpose for which a witness is cross-examined. … Litch, 62 Pa. 451 , it is said that the authorities clearly establish that where a witness has stated a fact, he may be asked by the other party to detail all the circumstances within his knowledge which qualify it, even

Ash Will

351 Pa. 317 · Supreme Court of Pennsylvania · Dec 1, 1944

The minister testified that her condition of mind was “foggy”, but qualified his description as “. . . that which is usually with a senile person.” … As contestant clearly failed to overcome the prima facie proof of the validity of this will, the appeal must be dismissed. The decree of the court below is affirmed, at the cost of appellant.

Commonwealth v. Kluska

333 Pa. 65 · Supreme Court of Pennsylvania · Dec 9, 1938

Although this did not amount to an express statement that the burden was upon defendant to establish by a fair preponderance of the evidence that the death was accidental, it clearly implied that such was the law, and was … Green, 294 Pa. 573 , the question was discussed at length, and it was definitely held that the presumption was one not of laAV but of fact, and arose “in the absence of qualifying circumstances.”

Commonwealth v. Green

58 Pa. 226 · Supreme Court of Pennsylvania · Jul 2, 1868

by law, and all other judges required to be learned in the law, by the qualified electors of the respective districts over which they are to preside or act as judges.” … Here a special judicial district is constituted, and the president judge is to be elected by the *233 duly qualified voters therein.

Werner v. Zazyczny

545 Pa. 570 · Supreme Court of Pennsylvania · Aug 21, 1996

right, privilege or immunity. … A review of the record discloses that appellant did not clearly preserve these issues when addressing appellees’ preliminary objections. Thus, these issues are deemed waived.

Speer v. Pittsburg

166 Pa. 86 · Supreme Court of Pennsylvania · Jan 7, 1895

These facts being conclusively established, the ordinance of councils, passed in pursuance of the petition containing less than a majority of legally qualified signers, was quashed by the court below. … The court was clearly right in construing the 9th section of the act, above quoted, as it did. Any other construction would be contrary to the letter as well as the manifest spirit of the act.

Commonwealth v. Arroyo

555 Pa. 125 · Supreme Court of Pennsylvania · Jan 21, 1999

In his claim that the trial court erred in qualifying Dr. … Ross “wasn’t qualified as an expert in either of those fields [i.e., biomechanics and occupant kinematics] that he’s going to testify to. He’s only qualified as a forensic pathologist.” N.T. 238.

Kemble's Estate

280 Pa. 441 · Supreme Court of Pennsylvania · May 12, 1924

This is clearly shown by the Acts of 1841 and 1842, which require the valuation to be fixed upon the basis of selling price at a bona fide sale after due notice”: Washington County v. Marquis, 233 Pa. 552, 558 . … as here, the evidence before the court as to market value is ample and all in conflict with the board’s valuation, the court, in the absence of other such evidence, must revalue the property according to the market value established

Williams v. Commonwealth

91 Pa. 493 · Supreme Court of Pennsylvania · Jan 5, 1880

The court was right in ruling that the Act of 1874 applies not only “to combinations of persons and owners of manufacturing establishments; but also to individuals;” and that if the defendant paid or contributed, or promised … What is clearly embraced within those terms and not excepted therefrom, is lawful. Interest may be made for a candidate without taint of corruption.

Prudential Property & Casualty Insurance v. Colbert

572 Pa. 82 · Supreme Court of Pennsylvania · Dec 31, 2002

This Court’s cautious approach in examining whether a contract provision violates the often formless face of public policy is well established. As we recently reiterated in Burstein v. … As Adam, a household resident, owned his vehicle, it cannot qualify as a "substitute car” under the Prudential policy. .

Woods v. Dunlop

461 Pa. 35 · Supreme Court of Pennsylvania · Mar 18, 1975

of evidence by which guilt can be established. " (Emphasis in original.) … Clearly the reporter's syllabi are not part of the opinions of this Court.