Case law

East Hempfield Township v. Lancaster

441 Pa. 406 · Supreme Court of Pennsylvania · Jan 25, 1971

The record clearly demonstrates that the Authority was a “financing device”, and that it was the City which, in reality, determined, fixed, and charged the rates. … There, the authority actually established the disputed rates. No “lease-back” agreement such as exists in the instant dispute was present.

Pearlstein, J. & K., Aplts. v. Commonwealth

Supreme Court of Pennsylvania · Sep 26, 2024

Duffy is an expert qualified to testify to matters of accounting. Id. ¶ 40. … Taxpayers then argue that, having established the elements of Section 101.2, “the Department must presume that Taxpayers’ method of accounting clearly reflects income.” Id. at 7.

Sims's Appeal

44 Pa. 345 · Supreme Court of Pennsylvania · Mar 2, 1863

In this will we have no qualifying or controlling intent that we can discover. … auditor was entirely right in measuring the product of that to be equal to the established rate of interest on the sum of five thousand dollars, viz., three hundred dollars per annum.

Bayview Loan Servicing LLC v. Wicker

206 A.3d 474 · Supreme Court of Pennsylvania · Mar 28, 2019

He further established that this process is part of “regularly conducted activity at Bayview.” Id. at 14. … The court observed that the earlier document clearly indicated that additional interest and charges would continue to accrue. 5 Prior to trial, the court had issued opinions and orders addressing the numerous motions filed

Baily's Estate

156 Pa. 634 · Supreme Court of Pennsylvania · Oct 2, 1893

It clearly-had such an equity, which in a suit by Worth for the legacy would have been, to the extent mentioned, available as a defence. … He acquired by his purchase such right to the legacy as his assignor had, and this right, as we have seen, was qualified by the estate’s equity against the latter as co-surety of the testator.

McMullan v. WOHLGEMUTH

453 Pa. 147 · Supreme Court of Pennsylvania · Jul 2, 1973

Clearly, no one would seriously suggest that the Philadelphia Newspapers, Inc. is an “adult resident” of Pennsylvania. … Const, Amend. 1 •‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press. . . .”

Lesko v. Frankford Hospital-Bucks County

11 A.3d 917 · Supreme Court of Pennsylvania · Jan 19, 2011

This is especially true in light of the fact that the same sentence naming the general amount owed under the contract is clearly qualified by specific contractual provisions. … The language appellee claims requires appellants to act establishes intent and consent, not obligation and duty; while the contract clearly assumes appellants would exercise their option to purchase an annuity, no language

Precht, P., Aplt. v. UCBR

Supreme Court of Pennsylvania · Apr 30, 2026

The Law is clearly not insurance for individual business undertakings. [J-84-2025] - 6 Id. … This Court has “made clear that all relevant factors presented in a given case should be considered when determining whether a business is independently established,” including many circumstances that would qualify as a

Commonwealth v. Zdrale

397 Pa. Super. 167 · Supreme Court of Pennsylvania · Aug 13, 1990

However, the testimony clearly falls within the co-conspirator exception to the hearsay rule. … The testimony was admitted under the co-conspirator exception to the hearsay rule and found not to violate spousal immunity. The Honorable Bernard F.

Commonwealth v. Hyneman

242 Pa. 244 · Supreme Court of Pennsylvania · Jul 10, 1913

Mayor of Philadelphia, 21 Pa. 147 , it is thus emphatically reannounced: “We can declare an act of assembly void, only when it violates the Constitution clearly, palpably, plainly; and in such manner as to leave no doubt … That on the day of the next municipal election, and thereafter at such time and times as may be prescribed by the Constitution of this Commonwealth, the qualified electors of the *248 County of Philadelphia shall elect five

Estate of Ravdin

484 Pa. 562 · Supreme Court of Pennsylvania · Oct 5, 1978

(“the 1961 Act”), the law established by the line of cases under the 1919 Act discussed above was codified by the inclusion of Section 316. As enacted, that section made no reference to retirement annuities. … Clearly, these features do not constitute a right to anticipation or enjoyment within the meaning of Section 316, nor a “substantial present economic benefit” under the test of Huston Estate.

Commonwealth v. Robichow

338 Pa. Super. 348 · Supreme Court of Pennsylvania · Jan 25, 1985

Because the evidence clearly establishes that the advance money was fraudulently obtained at the inception of contracting, title did not pass to appellant, and appellant’s possession of the money was “... property of another … , if they establish the taking and a “thieving state of mind.”

Commonwealth v. Patskin

375 Pa. 368 · Supreme Court of Pennsylvania · Nov 17, 1953

If evidence such as this were sufficient to prove legal insanity and to prevail over acts and statements clearly evidencing sanity, few ‘murderers’ would ever he convicted. ** “We are absolutely convinced from reading the … psychiatry has made tremendous strides, the Courts of Pennsylvania have at this stage of scientific knowledge refused, and we believe wisely refused, to substitute psychiatric tests or conclusions for our long and wisely established

Bigley v. Williams

80 Pa. 107 · Supreme Court of Pennsylvania · Jun 9, 1876

This was the issue; it was one of fact, and any evidence which tended to establish negli *115 gence, on part of those navigating the steamer, or their incompetency in the discharge of the duties which devolved upon them, … The fact of the suicide of the pilot, within twenty-four hours, or at any other time, aftei’ the accident, was so clearly not evidence that argument upon this point is not necessary.

Zane v. Friends Hospital

575 Pa. 236 · Supreme Court of Pennsylvania · Nov 19, 2003

Pa.Super. 559 , 664 A.2d 577 (1995) (physician, who disclosed mental health information based upon an erroneous understanding of a duty to report abuse under the Child Protective Services Law, nevertheless was covered by the immunity … Clearly, these exceptions do not apply in this appeal.

Henderson v. Zubik

390 Pa. 521 · Supreme Court of Pennsylvania · Nov 18, 1957

The present dispute arose after the termination of a partnership venture, which had been established orally by the parties, about June 1, 1949, and continued until April, 1950. … L. 42, 28 PS §91b, provides : “A record of an act, condition or event shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation

Mechanicsburg Borough v. Mechanicsburg Gas & Water Co.

246 Pa. 232 · Supreme Court of Pennsylvania · Jul 1, 1914

The facts have been found and clearly stated in the opinion of the learned chancellor, and an elaborate discussion of the case here is, therefore, unnecessary. … The defendant called expert witnesses whose testimony, as suggested by the court, was not contraverted or qualified by any witness of the plaintiff.

Commonwealth v. Claypool

508 Pa. 198 · Supreme Court of Pennsylvania · Jun 26, 1985

On appeal, the Superior Court held that “the evidence introduced by the Commonwealth was clearly relevant on the question of the lack of consent of the victim____ However, the prejudice engendered by it exceeds its probative … engage in such criminal activity or actually did have such a conviction — an element of the crime with which he is now charged, our failure to allow this evidence to be admitted would grant to a whole class of criminals immunity

Baugh's Estate

288 Pa. 308 · Supreme Court of Pennsylvania · Jan 11, 1927

Baugh died in 1908, the will and codicil were duly probated and the executor qualified. … “The clearly expressed purpose of a testator is not to be overborne by modifying directions that are ambiguous and equivocal, and may justify either of two opposite interpretations.

Cunningham v. Pennsylvania Railroad

352 Pa. 571 · Supreme Court of Pennsylvania · May 22, 1945

Defendant produced photographs and a measured plan prepared by a qualified draftsman purporting to reveal a clear view from the crossing of 806 to 749 feet to the east from points 25 and 12 feet respectively south of the … We referred above to our own study of the plan and are satisfied this conflict in the testimony was clearly a matter of fact for a jury and not a question of law for the court.