Case law

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.

Fidelity-Philadelphia Trust Co. v. Hines

337 Pa. 48 · Supreme Court of Pennsylvania · Dec 7, 1939

L. 624, section 1001(11), empowers state banks and trust companies to become members of a Federal Reserve Bank, and (section 1019) for that purpose to purchase and hold the necessary qualifying stock, and to acquire and exercise … While, of course, it is permissible for the State to prescribe such an interest charge in case of default after the proper interpretation of the act has been judicially established, harsh penalties or unusual interest rates

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

Commonwealth v. Easton Bank

10 Pa. 442 · Supreme Court of Pennsylvania · Jul 5, 1849

It is, therefore, not clearly repugnant -with the first act, which provides for an earlier payment, and no more. … To deduce *451 from premises so insufficient, a consequence of such mágnitude, would indeed he a gross violation of the wholesome principle that an abandonment of'the power of taxation is only to be established by clearly

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. .

Loomis v. PHILA. SCHOOL DIST. BD.

376 Pa. 428 · Supreme Court of Pennsylvania · Mar 22, 1954

the complaint failed to state a cause of action, that the Act of 1935 violates Article III, Section 7 of the Constitution of the Commonwealth as a special law granting to individuals a special or exclusive privilege or immunity … higher public positions as distinguished from original appointments, because it placed too high a valuation on past military service, and, through loss of incentive on the part of nonveteran employes equally skilled and qualified

Harbor Creek School District v. Harbor Creek Education Ass'n

536 Pa. 574 · Supreme Court of Pennsylvania · Apr 26, 1994

In addition, Appendix D of the agreement provides that qualified bargaining unit members are to be given priority in filling vacancies in extracurricular positions, and that "established posting procedures will be used" to … The provisions of Appendix D to the collective bargaining agreement clearly state that qualified bargaining unit members have priority in selection for the supplemental positions, and that "established posting procedures

Pittsburgh Railways Co. v. Borough of Carrick

259 Pa. 333 · Supreme Court of Pennsylvania · Jan 7, 1918

And, if the Commonwealth may be charged with laches, ly a municipality is not immune. … Upon this question our conclusion is, that the plaintiff company clearly has the right and authority to lay such switches.

Masland v. Bachman

473 Pa. 280 · Supreme Court of Pennsylvania · Jun 3, 1977

The Department’s regulation only seeks to effectuate this legislative intent and is clearly within the Department’s rule-making power. … (iii) The list set forth in subparagraph (ii) of this paragraph may be revised by the Department in the event it is deemed advisable to add or eliminate specific procedures which either qualify or which no longer qualify

Rogers v. Philadelphia Traction Co.

182 Pa. 473 · Supreme Court of Pennsylvania · Oct 11, 1897

In thus refusing to affirm either of the latter points, the learned trial judge was so clearly right that neither of the questions involved therein requires discussion, and they are accordingly dismissed without further comment … As an artificial person it cannot, any more than a natural person, escape liability for special injury done to others, unless it can be shown that because it is a mere creature of the law it enjoys immunity from liability

In Re Lokuta

608 Pa. 223 · Supreme Court of Pennsylvania · Jan 14, 2011

The Court of Judicial Discipline found “[t]he facts establish that the Board conducted this investigation with diligence.” Lokuta I, at 1127. As this is a factual finding, we may only reverse if it is clearly erroneous. … Thus, appellant cannot overcome the deference owed to the Court of Judicial Discipline as the trial court and establish that court’s credibility findings were clearly erroneous.

Kram v. Kane

336 Pa. 113 · Supreme Court of Pennsylvania · Sep 8, 1939

As the constitution provides that municipal elections be held in November 2 in odd-numbered years, section 501 therefore clearly specifies that the local option election must be held, if at all, on the date of the primary … The requirement in section 502 that the question be submitted “at the primary immediately preceding the municipal election” is the same as that made in Section 501, and, in both sections, means the September primary established

Johnson v. Brinker

326 Pa. Super. 464 · Supreme Court of Pennsylvania · Apr 13, 1984

his non-paternity by requesting that the court: *466 (1) Appoint experts qualified as examiners of blood types; (2) Order and Direct [appellee, the child and appellant], to submit to various blood grouping tests before these … Their reliability as an indicator of the truth has been fully established.

Hickman v. Shimp

109 Pa. 16 · Supreme Court of Pennsylvania · Mar 30, 1885

What is a reasonable time, where the facts are ascertained, is ordinarily a question of law for the court, to be determined upon- a consideration of all the circumstances ; where, however, the facts are not clearly established … The facts of this case, so far as they are material to the determination of the questions involved, are in no way controverted, but are clearly established, and we are of opinion that the court should have instructed the

Commonwealth v. Copenhefer

553 Pa. 285 · Supreme Court of Pennsylvania · Oct 5, 1998

The trial court clearly instructed the *315 jury, which is presumed to follow the court’s instructions, on this rule of law. See T.T. Day # 15 at 54-56. … The statute clearly gives the trial court the discretion to determine when the jury has reached a deadlock.

American Future Systems, Inc. v. Better Business Bureau

592 Pa. 66 · Supreme Court of Pennsylvania · May 31, 2007

Because the Bureau is a consumer reporting agency, the court stated that the disputed publication clearly met this standard. … The court interpreted other decisions, however, as establishing a malice prerequisite. See Berg v.

Commonwealth ex rel. Henderson v. O'Donnel

188 Pa. 14 · Supreme Court of Pennsylvania · Oct 17, 1898

The relator was the “only other qualified nominee, and he received at least one vote, and that being the whole number of votes cast he was duly elected also.” … The fact of relator’s suspension on December 15, 1895, and the disqualifying effect thereof are clearly established.

Commonwealth v. Van Horn

188 Pa. 143 · Supreme Court of Pennsylvania · Oct 17, 1898

As this was precisely what he did do in a most inhuman and barbarous manner’, the charge of premeditation must be regarded as having been established by testimony of the most conclusive character. … The juror Owens qualified himself clearly by his answers to questions.

Taylor v. Kelly

80 Pa. 95 · Supreme Court of Pennsylvania · Nov 22, 1875

Their competency is sought to be established by the first section of that act. … When the legislature sought to qualify this statute, as they did by the 1st sect, of the Act of 9th April 1870, they restricted the right .of a party to testify to matters only which occurred after the death of the person

Deskiewicz v. Zenith Radio Corp.

385 Pa. Super. 374 · Supreme Court of Pennsylvania · Jun 26, 1989

Clearly this is often an expectation when professionals are hired to do a job and often a reason for such hiring. … As such, the second phrase does nothing more than restate the general proposition established in Perry , that the indemnitor will not be put in the position of an insurer.