Case law

PSP NE, LLC v. PWAB; Appeal of: BLLC

Supreme Court of Pennsylvania · May 19, 2026

Here, the circumstances clearly indicate that public funds paid for, at least in part, construction. We therefore reverse. I. … Thus, the Hance majority clearly held the Board’s exclusive use of the Phoenix Field Office test was improper.

Shick v. Shirey

552 Pa. 590 · Supreme Court of Pennsylvania · Aug 20, 1998

Since sustaining the demurrer results in a denial of the pleader’s claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail … The employer’s privilege to dismiss an employee with or without cause is not absolute, however, and may be qualified by the dictates of public policy. *596 George Geary was an at-will employee who sold tubular products to

Yocum v. Commonwealth, Pennsylvania Gaming Control Board

639 Pa. 521 · Supreme Court of Pennsylvania · May 25, 2017

We have described the requirements for standing as follows: *533 In seeking judicial resolution of a controversy, a party must establish as a threshold matter that he has standing to maintain the action. … “An individual can demonstrate that he has been aggrieved if he can establish that he has a substantial, direct and immediate interest in the outcome of the litigation.”

Ligo v. Dodson

301 Pa. 124 · Supreme Court of Pennsylvania · May 13, 1930

This phase of the case figured, however, prominently at the trial, and the presiding judge, to clearly inform the jury what bearing their finding as to the handwriting in the will itself might have upon their conclusion as … We have examined attentively much of this testimony and many of the exhibits, and are impressed, as the jury must also have been, by the number and standing of the witnesses who, properly qualified, testified, from their

Sablosky v. Messner

372 Pa. 47 · Supreme Court of Pennsylvania · Nov 18, 1952

It was clearly within the *56 legislative power and prerogative to so classify and confine the imposition of the tax. … Granting to any ... individual any special or exclusive privilege or immunity, . . .”, and upon the Fourteenth Amendment to the Constitution of the United States.

Galloway v. Prospect Park Borough School District

331 Pa. 48 · Supreme Court of Pennsylvania · Apr 12, 1938

The purchase of “equipment” and “other appliances” for use in school gymnasiums and playgrounds is thus clearly authorized. … Appellant complains that the secretary of the Board who replaced him was paid installments of salary before qualifying by the execution of a bond.

Gordon v. Lancaster Osteopathic Hospital Ass'n

340 Pa. Super. 253 · Supreme Court of Pennsylvania · Feb 13, 1985

A conditional, qualified privilege extends to defamatory communications made upon a proper occasion, from a proper motive, and based on reasonable or probable cause. Biggans v. … Therefore the privilege, or immunity, is absolute and the protection that it affords is complete.

Thatcher's Drug Store of West Goshen, Inc. v. Consolidated Supermarkets, Inc.

535 Pa. 469 · Supreme Court of Pennsylvania · Jan 13, 1994

The language of the two lease agreements clearly reserved Consolidated’s right to operate a pharmacy. … These facts, if accepted by the fact finder, would clearly establish a claim of estoppel as a basis for relief.

Commonwealth v. Mosler

4 Pa. 264 · Supreme Court of Pennsylvania · Nov 20, 1846

To this monstrous error may be traced both the fecundity *267 in homicides, which-has dishonoured this country, and the immunity that has attended them. … There may be an unseen ligament pressing ón the mind, drawing it to consequences which it sees, but cannot avoid, and placing it under a coercion, which, while its results are clearly perceived, is incapable of resistance

Clearfield County, Aplt. v. Transystems Corp.

Supreme Court of Pennsylvania · Apr 30, 2026

Section 390.715, in Fiore’s view, clearly means “counties have no inherent obligation to erect their own jails.” Id. at 34. … Transystems first notes that nullum tempus is “an offshoot of sovereign immunity,” and the “erosion of sovereign immunity” has also eroded the justification for nullum tempus. Id. at 20-21.

Commonwealth v. Keaton

556 Pa. 442 · Supreme Court of Pennsylvania · Apr 12, 1999

While Morgan does not impose a constitutional requirement that each prospective juror be life-qualified, it does stand for the proposition that if the defendant chooses to life qualify any or all venirepersons, the trial … Thus, the jury was clearly apprised that the aggravator was the rape involving the murder victim, Ms. Hall. See generally Commonwealth v.

Shoenberger's Executors v. Hay

40 Pa. 132 · Supreme Court of Pennsylvania · Jul 25, 1861

These authorities are sufficient to establish, beyond doubt, that the words in the habendum, in the deed by Green to Dr. … As we see no indication whatever, outside of the words used, evincive of an intent to make the payment of the decree a personal obligation by the testatór, we are clearly of opinion that the case must be reversed.

Commonwealth v. Giugliano

351 Pa. Super. 162 · Supreme Court of Pennsylvania · Feb 25, 1986

that defendant was an “agent or officer,” but only whether it established that he fell within the phrase “the president, secretary, treasurer or officers exercising corresponding functions.” … We note, however, that our Supreme Court on occasion has qualified the strict terms of the rule: “Or” in its ordinary usage and meaning clearly and undoubtedly means “or”.

Price v. Workmen's Compensation Appeal Board

533 Pa. 500 · Supreme Court of Pennsylvania · May 27, 1993

We answer these questions at the outset by reiterating the rules previously established as follows. … We can only conclude, as did Judge Barbieri: Obviously, Claimant was still employable on August 31, 1979, when he last worked for Employer, and certainly when he qualified for unemployment benefits.

In re Estate of Yarnall

469 Pa. 99 · Supreme Court of Pennsylvania · Oct 20, 1976

Hileman and Ray Goulstone, two of my executors hereinafter named, shall appoint one qualified appraiser and Samuel Davis shall appoint one qualified appraiser and the two appraisers so selected shall jointly select a third … qualified appraiser.

Commonwealth v. Mattison

623 Pa. 174 · Supreme Court of Pennsylvania · Nov 21, 2013

After Jung testified to what occurred in the presence of Kenney and Johnson, and was asked about what she observed when she was alone with Appellant, defense counsel objected based on the doctrine of spousal immunity. … In King , we recognized that the trial court, at the outset and at the close of the penalty phase, clearly instructed the jurors that they were required to consider “any other evidence of mitigation concerning the character

Brode v. Philadelphia

230 Pa. 434 · Supreme Court of Pennsylvania · Feb 27, 1911

As just stated, what it may receive out of the profits of the company will be in consideration of its forbearance to do what it might lawfully do, and the company understands that it is thus paying for immunity to be extended … The ninth clause of the contract provides for the establishment of a sinking fund by the transit company, into which monthly payments are to be made, but the moneys in this fund, as established and increased from time to

Rivera v. PHILADELPHIA THEOLOGICAL SEM.

510 Pa. 1 · Supreme Court of Pennsylvania · Mar 14, 1986

The evidence further established that the pool depths were clearly marked and that Rivera's body was found in the area of the pool which was twelve feet deep and so marked. … These principles are well established.

Commonwealth v. Stevens

559 Pa. 171 · Supreme Court of Pennsylvania · Oct 27, 1999

While the court cannot deny the defendant the opportunity to life-qualify the jury, there is no requirement that counsel ask life-qualifying questions. Commonwealth v. Lark, 548 Pa. 441, 451 , 698 A.2d 43, 48 (1997). … We further held that “[t]his evidence clearly formed the history and natural development of the events for which Appellant was being sentenced.” Id.

In Re: Estate of W. Herold; Apl of: Univ of Pgh.

Supreme Court of Pennsylvania · Jan 22, 2025

However, as the Commonwealth Court found, in our view, mesothelioma manifestly qualifies as an occupational disease under Section 1208(n) of the ODA. … The statute under consideration sets aside one body of rules only to establish another system in its place.