Case law

Pittsburg & Connellsville Railroad v. McClurg

56 Pa. 294 · Supreme Court of Pennsylvania · Jan 7, 1868

Out of the omission to do so springs the doctrine of contributory negligence, which defeats a plaintiff, and which is so firmly established as a principle of law that nobody dreams of doubting it. … Of course these views are predicated of a case in which there are no facts to qualify or justify the act.

Wells v. Bain

75 Pa. 39 · Supreme Court of Pennsylvania · Dec 6, 1873

If overpowered, the new government would be established, not by peaceful means, but by actual revolution. … What then does the word manner qualify or pertain to in this section ? Clearly it is the submission — “ Shall submit the amendments” “ in such manner as the convention shall prescribe, subject to,” — subject to what?

In re Estate of Wagner

584 Pa. 49 · Supreme Court of Pennsylvania · Aug 17, 2005

They further assert that even though the administrators qualify as “subjects of a report,” they cannot gain access to the report’s contents, because the “subject of report” exception to confidentiality only affords qualifying … The statute creating these reviews, and the clearly expressed public policy of the General Assembly and this Court, mandate that no portion of these audits be available to plaintiffs as discovery. Order reversed.

Tripner v. Abrahams

47 Pa. 220 · Supreme Court of Pennsylvania · Mar 10, 1864

Mason, 11 Casey 261, we said, “ She must clearly make it appear that the means of acquisition were her own.” So in Reamy v. … In other words, doubt enables a jury to affirm that the presumption of innocence is not overthrown, while doubts, qualified, if the rule asserted below be the true rule, overrules a presumption of honesty and establishes

Commonwealth v. Puksar

559 Pa. 358 · Supreme Court of Pennsylvania · Nov 1, 1999

As a preliminary matter, although appellant does not assert that the evidence was insufficient to establish a specific intent to kill, we find that the evidence clearly established a specific intent to kill based on the following … Contrary to the right to trial by jury, it is clearly established that there is no absolute right to a bench trial. Commonwealth v. Cook, 544 Pa. 361 , 676 A.2d 639 (1996); Commonwealth v.

Collister v. Nationwide Life Insurance

479 Pa. 579 · Supreme Court of Pennsylvania · Jun 13, 1978

To accept the insurer’s argument that its liability is contingent on a condition precedent permits the insurer to hold itself immune from liability while it considers whether to accept or reject the risk, as in McAvoy, or … Thus, the reasonable expectations of the insured clearly became the important consideration once the courts had decided that normal contract principles were no longer applicable in insurance transactions.

Commonwealth Ex Rel. Baldwin v. Richard

561 Pa. 489 · Supreme Court of Pennsylvania · May 18, 2000

We noted that a councilman’s conviction for “selling his vote” clearly involved a falsehood that affected the administration of justice. Shaver at 342 . … In re One Hundred or More Qualified Electors of Clairton County, 546 Pa. 126 , 683 A.2d 283, 286 (1996). .

Commonwealth v. Rega

593 Pa. 659 · Supreme Court of Pennsylvania · Oct 17, 2007

By limiting the scope to documents related to the juror lists, the issuing authority clearly limited the scope of the search. … Trial counsel is entitled to expansive voir dire, including the opportunity to life-qualify jurors.

Whitemarsh Township Authority v. Finelli Bros.

408 Pa. 373 · Supreme Court of Pennsylvania · Sep 25, 1962

No proposal will be considered which is not based upon the complete plans and specifications, or which contains any qualifying letter or written memorandum not permitted in these specifications, or which is not properly made … It is clearly established in Pennsylvania that if a statute or ordinance pi*ovides that a specific method or formal mode be followed in submitting a bid for a municipal contract that such provisions are mandatory and must

Com. Ex Rel. v. Matthews

303 Pa. 163 · Supreme Court of Pennsylvania · Jan 26, 1931

Huester had been elected tax collector for the City of Scranton, which city is of the second class A, had duly qualified and been installed, that the proper authorities had furnished him with tax duplicates and warrants authorizing … legislature is to establish a mandatory system, the presumption must be that the local acts were intended to be repealed.

Posner v. Sheridan

451 Pa. 51 · Supreme Court of Pennsylvania · Jan 19, 1973

In point of fact the language of the Schedule to the Judiciary Article establishes otherwise. [7] *59 Is there any question, for example, that even under the new Constitution it would be inappropriate for an estate to be … Clearly, the 1968 amendment relegated the issue to a matter of administration and any abuse thereof should be handled administratively.

Lewis v. Quinn

376 Pa. 109 · Supreme Court of Pennsylvania · Jan 4, 1954

Schultz, 306 Pa., supra, the Court said '(pages 431, 432, 433) : “. . . our cases have clearly established the fundamental proposition that due care is required at street intersections under all circumstances, whether or … The signal to cross is not a ‘command to go, but a .qualified permission/ and the qualification is ‘to proceed lawfully and carefully/ as a prudent man would under the circumstances, which certainly requires looking to the

Thirteenth & Fifteenth Street Passenger Railway v. Boudrou

92 Pa. 475 · Supreme Court of Pennsylvania · Feb 2, 1880

Here, perhaps, the rule is not qualified to so great an extent; yet it is clear, that a plaintiff may recover, though he did not use due care, if his negligence in nowise caused the accident resulting in his injury. … But it has been repeatedly held that certain facts, when established, amount to negligence per se; Hoag v. Lake Shore & M. S. Railroad Co., 4 Norris 293.

Lebanon Valley Farmers Bank v. Commonwealth

623 Pa. 455 · Supreme Court of Pennsylvania · Dec 27, 2013

Notably, however, that definition is expressly made subject to the proviso, “except where the context clearly indicates a different meaning.” Id. … As a general matter, limiting language formulated in terms of whether the context “indicates otherwise” has been described as a “practical qualifying pressure valve.” Pope v.

Starkey v. Smith

445 Pa. 118 · Supreme Court of Pennsylvania · Nov 18, 1971

The record clearly supports the Chancellor's unchallenged finding of fact that, following receipt of the telegram of September 11 from the Secretary of the Commonwealth, "The sole criteria for the taking of the student applications … The County Board of Elections is enjoined from issuing registration cards and from registering all those student applicants, numbering 195, who, on the face of their application, under oath, clearly indicate either that they

Alliance Home of Carlisle, PA v. Board of Assessment Appeals

591 Pa. 436 · Supreme Court of Pennsylvania · Apr 17, 2007

Appellant further notes that, as a CCRC, it pursues an integrated mission, and that its independent living facility is completely integrated with, and is not “clearly distinct from,” that mission. … the disputed parcel does not qualify for exemption.

Andress v. Zoning Board of Adjustment

410 Pa. 77 · Supreme Court of Pennsylvania · Jan 21, 1963

When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification more and more until at last private property disappears. … A regulatory zoning ordinance, which would be clearly valid as applied to the great cities, might be clearly invalid as applied to rural communities.” In United States v. Central Eureka Mining Co., 357 U.

Duttry v. Patterson

565 Pa. 130 · Supreme Court of Pennsylvania · May 22, 2001

At trial, Appellees sought to introduce evidence establishing that Patterson had performed the type of surgery which he had performed on Duttry only nine times in the preceding five years, a frequency far below the once a … The requirement of Gray is not a broad one; it clearly focuses on imparting information relative only to the surgery itself.

Tire Jockey Service, Inc. v. Commonwealth

591 Pa. 73 · Supreme Court of Pennsylvania · Feb 20, 2007

(“SWMA”), would be needed for the establishment and operation of a waste tire processing and recycling facility in Pennsylvania. … In February 2000, the DEP notified Pignataro and his two associates that their venture did not qualify for a grant.

Commonwealth v. Moore

580 Pa. 279 · Supreme Court of Pennsylvania · Oct 21, 2004

Rather, the record clearly reveals that appellant received zealous and competent representation throughout these proceedings under the circumstances. … An assessment of this prong requires Moore to establish each Pierce prong with respect to trial counsel’s performance; failure to establish any one of the prongs will defeat the entire claim. Commonwealth v.