Case law

Commonwealth v. Rosenzweig

514 Pa. 111 · Supreme Court of Pennsylvania · Mar 19, 1987

Ownership may be laid in one who has a qualified, special or constructive ownership only, although the ownership may also be laid in the actual owner, notwithstanding that another has qualified ownership, and it is not objectionable … to lay ownership in the actual and qualified or special owners. 29A C.J.S.

Hauser v. York Water Co.

278 Pa. 387 · Supreme Court of Pennsylvania · Jan 7, 1924

The present return, when thus tested, is clearly insufficient. … The statement that the several allegations of the petition are denied “as averred,” is clearly evasive.

Commonwealth v. Turner

491 Pa. 620 · Supreme Court of Pennsylvania · Oct 31, 1980

[T]he medical evidence, offered by the Commonwealth, clearly establishes repeated and severe blows to the infant as being the origin of the factors causing death. … Goldblatt testified he *627 didn’t know how to qualify the word “substantial”. (“The action of defendant must constitute a direct and substantial factor in causing the death of the victim .... Commonwealth v.

Sheets v. Allen

89 Pa. 47 · Supreme Court of Pennsylvania · Feb 17, 1879

The offer was admissible, and if the testimony established the facts as therein alleged, the defence was complete. … The learned judge seems to have clearly apprehended the nature of the defence, and his rulings, as set forth in the assignments of error, were entirely sound.

Office of Disciplinary Counsel v. Stern

515 Pa. 68 · Supreme Court of Pennsylvania · Jun 3, 1987

Cooperation at that point was clearly in his own self-interest. The same is, of course, true with respect to the subsequent disciplinary proceedings. … Respondent did not request immunity, but the prosecution nevertheless immunized him as a precaution.

Commonwealth v. Knight

469 Pa. 57 · Supreme Court of Pennsylvania · Oct 20, 1976

As acknowledged by the majority opinion, the mental capacity of each defendant was clearly at issue in this case. … It is the duty of the prosecution, through its witnesses and evidence, to establish facts upon which a jury may make its determination.

Susq. M. Fire Ins. v. Stauffer

125 Pa. 416 · Supreme Court of Pennsylvania · Apr 15, 1889

In the first, they clearly refer to the expiration of the policy (or practically to the date of the loss to be assessed for). … The case is like that of a new partner coming into an established business.

Commonwealth v. Slavik

449 Pa. 424 · Supreme Court of Pennsylvania · Nov 30, 1972

Roundtree, 440 Pa. 199 , 269 A. 2d 709 (1970), his plea “should not have been accepted because the plea was no more than an ambiguous expression of qualified guilt coupled with a protestation of innocence.” … The latter clearly would not be a sufficient plea upon which to enter a judgment.

American Express Co. v. Burgis

328 Pa. Super. 167 · Supreme Court of Pennsylvania · May 8, 1984

Here, appellee has fallen short of establishing such a negative, see Zubris v. … However, “while a good defense would normally not be required in a trespass action, where present it can at least qualify as an equitable consideration favoring the opening of judgment.”

Ieropoli v. AC&S CORP.

577 Pa. 138 · Supreme Court of Pennsylvania · Feb 20, 2004

Thereafter, the legislature promulgated the Sovereign Immunity Act (“Act”), wherein the legislature reinstated the bar of sovereign immunity, but declared that the bar was waived as to a cause of action for damages arising … In § 1929.1(c), the Statute covers the method by which the fair market value of total assets is established.

Wager v. Wager

1 Serg. & Rawle 374 · Supreme Court of Pennsylvania · Jul 6, 1815

The habendumi, says Blackstone, may lessen, enlarge, explain, or qualify the premises, but not totally contradict them. … The principles established in that case are apposite to the case under consideration. I cannot conceive the remainder to the children to be contingent.

Commonwealth v. Henry

524 Pa. 135 · Supreme Court of Pennsylvania · Feb 8, 1990

In this case it was established that Dr. … Asen was established as a practicing dentist who had specialized knowledge of bite mark identification, and since the jury was clearly informed of its right to accept or reject Dr.

Commonwealth v. Clemmer

190 Pa. 202 · Supreme Court of Pennsylvania · Mar 13, 1899

It thus clearly appears that the defendant could not have been in any way injured by the action of the jury commissioners. … L. 158, we think he was clearly a competent witness.

Commonwealth v. Buckman

393 Pa. Super. 453 · Supreme Court of Pennsylvania · May 10, 1990

On the other hand, not every commercial enterprise that is subject to government inspection by statute qualifies as pervasively regulated. … The instant case involves searches of only a single business engaged in the disposal of solid wastes and is therefore clearly distinguishable from Barlow’s.

Keyser's Estate

329 Pa. 514 · Supreme Court of Pennsylvania · Jan 7, 1938

S. sections 819-502 (E)), to qualify decedent as a director. … Appellant was clearly incompetent to testify as to any matter in connection with the alleged gift of the stock prior to decedent’s death, the ruling in Kotz, Admr. v.

Weaver v. Harpster

601 Pa. 488 · Supreme Court of Pennsylvania · Jul 20, 2009

In accord with this public policy, the legislature established that “[t]he opportunity for an individual to obtain employment *505 for which he is qualified” without sex discrimination is “a civil right which shall be enforceable … Therefore, despite the broad policy articulation of Section 952, the right established therein is only enforceable pursuant to the terms of the PHRA: the PHRA establishes both a right to be free from sex discrimination in

Meixell v. Hellertown Borough Council

370 Pa. 420 · Supreme Court of Pennsylvania · Apr 14, 1952

Of those 7 qualified and valid votes, 4 voted for Meixell for Burgess, 2 for Councilman Judd, and 1 for Councilman Abel. … Donovan, 308 Pa. 469 , 162 A. 439 , is clearly distinguishable.

McCartney v. Johnston

326 Pa. 442 · Supreme Court of Pennsylvania · Jan 18, 1937

The fundamental purpose of the Civil Service Acts was to regulate and improve civil service in the cities of the Commonwealth by establishing a system whereby municipal employees would be selected on the basis of their qualifications … While plaintiff was validly appointed as a provisional appointee under the authority of Section 15, a consideration of the language of this section clearly shows the legislative intendment that no provisional appointment

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.

Chmill v. City of Pittsburgh

488 Pa. 470 · Supreme Court of Pennsylvania · Mar 20, 1980

Clearly, such power is well-established. See e. g., Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971); PHRC v. Chester Housing Authority, *499 supra. … The record plainly establishes the ineffectiveness of other remedial action.