Case law

Drown v. Allen

91 Pa. 393 · Supreme Court of Pennsylvania · Nov 10, 1879

But there is also the plea of “ not guilty,” and under this plea it is clearly admissible. It is expressly ruled in Peters v. Ulmer, 24 P. F. Smith 402, that in slander the defendant may put in both pleas. … Some of the witnesses in this case testified that the plaintiff’s general reputation for honesty -was had, but qualified it b.y saying “ it arose from plaintiff’s dealings.”

Commonwealth v. McGlinn Distilling Co.

265 Pa. 346 · Supreme Court of Pennsylvania · Jun 21, 1919

While “organized” is a word susceptible of different uses, yet, in the phrase “organized and incorporated,” it has an established import. “ ‘Organize’ or ‘organization,’ as used in reference to corporations, has a well understood … Co., 150 Pa. 312 ); but it cannot in any manner affect the classification of a corporation for purposes of taxation, where, as here, the relevant act, itself, clearly states that companies, such as the one in question, “shall

Hatchard v. Westinghouse Broadcasting Co.

350 Pa. Super. 1 · Supreme Court of Pennsylvania · Jan 24, 1986

privilege by proving its abuse. 11 In order to establish abuse of qualified privilege, appellees must prove, *45 dependent on their status as defamation plaintiffs, that the broadcasts were either maliciously or negligently … Such a showing could have the effect of vitiating the assertion of qualified privilege by appellants.

Ziegler & Co. v. Handrick

106 Pa. 87 · Supreme Court of Pennsylvania · Apr 14, 1884

general charge and answers of the learned judge to the thirty propositions' submitted by counsel contain a very elaborate and, in the main, correct exposition of the law applicable to the facts which the testimony tended to establish … The affirmance of this, “as a general principle,” was properly qualified by the remark, “ that It would not be concurrent possession if E. S. Handrick remained as a clerk or merely had desk room in the store.”

Jenkins v. Hospital of the Medical College of Pennsylvania

535 Pa. 252 · Supreme Court of Pennsylvania · Dec 8, 1993

The district justice filed a motion for judgment on the pleadings, asserting judicial immunity. … The Superior Court concluded that although the two claims could have been stated more clearly, they had been stated clearly enough.

Fidelity-Philadelphia Trust Co. v. Hines

337 Pa. 48 · Supreme Court of Pennsylvania · Jan 2, 1940

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 … 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

Rowland v. Harbaugh

5 Watts 365 · Supreme Court of Pennsylvania · Oct 15, 1836

became entitled to them, and the register ought, if he had been applied to for that purpose, to have granted them to one or more discreet members of the creditors, or to some other person whom he should have found best qualified … So, that without making the act of 1823 repeal the ordér established by the intestate act of 1794, for paying the debts of decéased debtors, the debt in question could gain no preference whatever by filing the transcript.

Ski Roundtop, Inc. v. Commonwealth

520 Pa. 227 · Supreme Court of Pennsylvania · Feb 3, 1989

The more difficult question is whether it is a “new” substance within the criteria established. … Clearly the housewife who fills the ice trays and places them in the refrigerator to have ice available in the morning is not engaged in manufacturing ice.

In the Interest of: N.W.-B. Apl of: J.B.

Supreme Court of Pennsylvania · Dec 23, 2021

In this limited context, the courts’ resolution turns on whether a basis exists to reasonably support an exigency or other exception to the warrant requirement, or otherwise afford the investigator with a qualified immunity … sufficient cause to justify an invasion of privacy when evidence of danger is suspected to exist, but has not been clearly established.

In the Interest of: Y.W.-B. Apl of: J.B.

Supreme Court of Pennsylvania · Dec 23, 2021

In this limited context, the courts’ resolution turns on whether a basis exists to reasonably support an exigency or other exception to the warrant requirement, or otherwise afford the investigator with a qualified immunity … sufficient cause to justify an invasion of privacy when evidence of danger is suspected to exist, but has not been clearly established.

Weatherly Area School District v. Whitewater Challengers, Inc.

532 Pa. 504 · Supreme Court of Pennsylvania · Nov 13, 1992

be easy to adopt the simple test that any governmental activity carried out by anyone (or any entity) at governmental behest or under governmental regulation is insulated under Borough of Wilkinsburg (or some other such immunity … In the Nineteenth Century, state action and private action were concepts clearly distinct and separate.

In Re Adoption of R.B.F.

569 Pa. 269 · Supreme Court of Pennsylvania · Aug 20, 2002

. § 1704, Appellant J.C.G. does not qualify as a “spouse” under Section 2903. … We stated: By its express terms, section 503 [the predecessor to Section 2903] is clearly limited to adoption by the spouse of a natural parent.

Snider v. Thornburgh

496 Pa. 159 · Supreme Court of Pennsylvania · Sep 29, 1981

The Legislature, in seeking to promote public trust in government and to prevent conflicts of interest, established a permissible scheme to further this legislative judgment. … More recently, guided by the same considerations, this Court abolished completely the defense of interspousal immunity. Hack v. Hack, 495 Pa. 300 , 433 A.2d 859 (1981). See also Kirchberg v.

Wagner v. Pittsburgh

352 Pa. 647 · Supreme Court of Pennsylvania · Sep 26, 1945

The evidence adduced clearly established that appellant was not discharged for political or religious reasons. He was a competent inspector and had never had any disagreement with his superiors. … There is nothing in the record showing that appellant was less qualified than others. The director did, however, consider service and ability.

Wilson v. Pennsylvania Railroad

421 Pa. 419 · Supreme Court of Pennsylvania · May 24, 1966

The engineer’s testimony clearly demonstrates that he had no knowledge of the existence of a tachometer in his locomotive. … This “admission” by defendant’s counsel coming after the trial is irrelevant in establishing the existence of the tachometer at the trial.

Lawrence v. Lawrence

105 Pa. 335 · Supreme Court of Pennsylvania · Feb 13, 1884

He intended in the bequests of personal property to give an absolute estate,' and that intent would have been as clearly expressed had he omitted the words “heirs and assigns.” … Neither of these words has a popular or technical meaning that could qualify a devise to a man and his heirs. The intendment in every devise is very plain.

Unionville-Chadds Ford School District v. Chester County Board of Assessment Appeals

552 Pa. 212 · Supreme Court of Pennsylvania · Jul 20, 1998

Such institutions have qualified as purely public charities notwithstanding the fact that many, indeed probably most, of their visitors are not incapacitated or poor. … Longwood’s public park and cultural facilities fall clearly "within the scope *222 of burdens that are routinely shouldered by government. Hence, this element of the HUP test was properly found to be met.

Yorston v. Pennell

397 Pa. 28 · Supreme Court of Pennsylvania · Jul 2, 1959

The evidence is clear that the general duties of Rex qualified him to take case histories. … are directly responsible; that any intern is qualified to take a medical history; that it involves no unique or unusual skill not possessed by any qualified intern; that it is not the type of action which requires the "selection

In Re: Return of Seized Property of Lackawanna Cty

Supreme Court of Pennsylvania · Jul 17, 2019

As our recent jurisprudence firmly establishes, an investigating grand jury has no authority other than that conferred by the Act. … In addition to the lack of any express reference to search warrants, their use is clearly not authorized by any of the investigative resources actually identified in section 4542.

Travis v. Brown

43 Pa. 9 · Supreme Court of Pennsylvania · May 22, 1862

Of course they were both qualified to prove the endorsement, according to the ordinary rule of evidence. … The doctrine which this ease established, therefore, was that, in corroboration of antecedent testimony of a signature, a test paper, clearly proved, might be submitted to the jury to make comparison of the two papers.