Case law

Jones v. Treegoob

433 Pa. 225 · Supreme Court of Pennsylvania · Jan 15, 1969

The liability aspects of the plaintiff’s case were, for the most part, established by one Michael A. Gimbel, an expert witness. … Gimbel’s opinion as to the cause of the window-breaking was conjecture based oh a theory unsupported by sufficient established facts.

Roberts's Appeal

59 Pa. 70 · Supreme Court of Pennsylvania · May 18, 1868

Rex, 6 Id. 14, clearly establish the rule, that primá, facie the gift of the product of a fund is a gift of that product in perpetuity, and consequently a gift of the fund itself. … No words are used to qualify the bequest in this case; and therefore there is full play for the principles which which gives to it the quality of a vested interest upon the princi-. pies referred to.

Commonwealth v. Dennis

597 Pa. 159 · Supreme Court of Pennsylvania · Jun 20, 2008

“Death Qualifying” and “Life Qualifying” the Jury Appellant’s next claims pertain to the trial court’s conduct of voir dire, trial counsel’s performance in addressing the same, and appellate counsel’s failure to raise certain … (b) Trial Counsel’s Failure to “Life Qualify” the Jury In a related challenge, Appellant maintains that trial counsel was ineffective for failing to “life qualify” the jury.

POM of PA v. Dep't of Rev.; Apl. of: Dep't of Rev.

Supreme Court of Pennsylvania · Jun 15, 2026

instead of only to the immediately preceding one.”198 Because such is not the case here, we lean toward the “well-established cannon of construction that courts should generally apply qualifying words or phrases to the … Cmwlth. 1989)) (“Qualifying words ‘do not extend to or include other words, phrases, or clauses more remote, unless such extension or inclusion is clearly required by the intent or meaning of the context or disclosed by an

Arlet, R., Aplt. v. WCAB (L&I)

Supreme Court of Pennsylvania · Feb 23, 2022

Claimant next argued the WCAB’s decision was not supported by substantial evidence because, inasmuch as his employment duties did not qualify him as a “seaman” under the Jones Act, he could not then be deemed a “crewmember … As related in the factual and procedural history of this case, several determinations were made by the lower tribunals regarding whether Claimant’s employment qualified him as a seaman under the Jones Act, and whether the

Commonwealth v. Smith

511 Pa. 343 · Supreme Court of Pennsylvania · Jul 29, 1986

Thus, it was established that the shooting was intentional rather than accidental. … “The only issue is whether the area is adequately, accurately and clearly presented to the jury for their consideration.” Id.

Hummel v. Smith

301 Pa. Super. 276 · Supreme Court of Pennsylvania · Jul 2, 1982

[B]ecause of its recognized capacity to definitively exclude a high percentage of putative fathers, the availability of scientific blood test evidence clearly [is] a valuable procedural safeguard .... … deleted) (citations omitted). 3 , 4 Pennsylvania has long accepted the utility and accuracy of blood group tests as a means of establishing non-paternity.

Commonwealth v. Gossard

385 Pa. 312 · Supreme Court of Pennsylvania · May 21, 1956

“Upon receipt of an application, the court shall order an examination of the person sought to be committed by two qualified physicians or a commission.” … It is important to note that the trial Court and this Court found that the evidence on this point was clearly to the contrary: see Commonwealth v.

Schilling v. Pittsburgh Railways Co.

394 Pa. 126 · Supreme Court of Pennsylvania · Nov 10, 1958

Counsel for appellants attempted to qualify Mrs. … Philadelphia Rapid Transit Co., 339 Pa. 100, 103 , 14 A. 2d 289 , in reiterating a long and well established rule applied in public carrier abrupt stopping and starting cases, we stated that: “It is well established by a

Commonwealth v. Finnecy, J., Aplt.

Supreme Court of Pennsylvania · Apr 29, 2021

We note that the Commonwealth’s assertion that a history can be established through a single crime demonstrating violent behavior is inconsistent with our rationale in Cullen-Doyle, which clearly found that a history is … rather an established record or pattern of violent behavior.

Hinnershitz v. United Traction Co.

206 Pa. 91 · Supreme Court of Pennsylvania · May 11, 1903

By this was meant that they were established as rules of equity practice in all the courts of the commonwealth, and must be followed and enforced as such. … It is a qualified and limited right of eminent domain as against the turn *100 pike company.

Commonwealth v. Fostar

455 Pa. 216 · Supreme Court of Pennsylvania · Jan 24, 1974

The jury in this case was clearly warranted in finding a homicide committed in the perpetration of the crime of burglary. … Other jurisdictions have found that where unnecessary words are used to describe, limit or qualify words which need to be inserted to describe the offense, such unnecessary words must nevertheless be proved in order to sustain

Erie & North-East Railroad v. Casey

26 Pa. 287 · Supreme Court of Pennsylvania · Jul 1, 1856

It will not be denied that in the grants of a sovereign state, unlike those of individuals, whatever rights the charter does clearly and expressly *299 confer, is held to pass, what is not so expressed is never implied.' … Judges and chancellors have established certain rules of proceeding for their own guidance in the distribution of justice among Suitors.

Commonwealth v. Hugney

491 Pa. 222 · Supreme Court of Pennsylvania · Sep 22, 1980

A review of the evidence presented at trial shows clearly that the Commonwealth had been able to prove all of the elements of both murder of the second degree and arson. Thus, appellant’s claim is without merit. … Furthermore, we will find a reasonable basis for inaction if the thing not done required the assertion of a claim not established by the record. Commonwealth v.

Pignetti, G & J, h/w, Aplts. v. PennDOT

Supreme Court of Pennsylvania · Apr 25, 2025

Pignetti established that he employed the parcels for one object or end—i.e., for the storage of vehicles and equipment for his electrical business—he failed to establish that he used the parcels at issue “together” for … Pignetti offered no evidence to establish that the parcels were interconnected or interdependent such that the loss of one adversely affects the value of 4 See 26 P.S. § 1-705(1) (providing that “[a] qualified valuation

Unangst's Appeal

333 Pa. 489 · Supreme Court of Pennsylvania · Jan 23, 1939

In the interest of establishing a sound financial status and a definitely fixed liability, the law requires those desiring to attack the controller’s report to act within a specified time. … This is clearly not the *496 law. See Com. ex rel. Kelley v. Pommer, 330 Pa. 421 . The validity of the belated report, however, does not render the controller immune from responsibility for his default. See Deibert v.

Martin v. Unemployment Compensation Board of Review

502 Pa. 282 · Supreme Court of Pennsylvania · Sep 28, 1983

Accordingly, I would declare Part C (“qualifying wages”) of the section 404(e)(1) Table, 43 P.S. § 804(e)(1), to be clearly, palpably and plainly unconstitutional, reverse the opinion and order of the Commonwealth Court, … The less drastic means were adopted in 1980, section 404(c), 43 P.S. § 804(c) (establishing a minimum of 18 credit weeks worked in a claimant’s base year regardless of amount of qualifying wages).

Commonwealth Ex Rel. Margiotti v. Sutton

327 Pa. 337 · Supreme Court of Pennsylvania · Jun 7, 1937

In considering the case we apply the familiar rule that legislation is presumed constitutional until the contrary clearly appears. 2 The Act was approved April 28,1937, P. … The Act qualifies a Family Court judge to sit as a judge of the common pleas; the judges of both courts must possess the same qualifications.

Commonwealth v. Becker

326 Pa. 105 · Supreme Court of Pennsylvania · Mar 22, 1937

The proper function of cross-examination in such a situation, the witness having qualified, is not to affirmatively establish the fact of bad reputation, but to break down the basis of the testimony of the witness as to good … That this was so was clearly proven by the latter’s official report dated the day of the telephone conversation, which stated the pocket knife was stained with human blood.

Commonwealth v. Johnson

162 Pa. 63 · Supreme Court of Pennsylvania · May 23, 1894

The statements admitted, then, were voluntary; there was no inducement to falsehood by promise of immunity. … The court below, having before it all the circumstances under which the statement preceding the promise was made, was clearly of the opinion that it was voluntary.