Case law

Chambersburg Gas Co. v. Public Service Commission

116 Pa. Super. 196 · Superior Court of Pennsylvania · Oct 19, 1934

The evidence was clearly such as should have been offered in chief. … As to obsolescence, the fact is that the report of the commission shows clearly that this item was taken into account.

Young, J. v. Lippl, J.

251 A.3d 405 · Superior Court of Pennsylvania · Mar 31, 2021

Clearly, the basic inquiry in the joinder analysis can be answered in the affirmative. … [] ____________________________________________ 9 Attorney Hunt was qualified as an expert in litigation, construction law, AAA arbitration, and jury trials.

In re D.E.M.

1999 Pa. Super. 59 · Superior Court of Pennsylvania · Mar 18, 1999

(Commonwealth’s Brief at 5). ¶ 7 On appeal from the grant of a defendant’s motion to suppress, this Court applies the following standard of review: When the Commonwealth appeals from a suppression order, we follow a clearly … In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the state, not merely as surrogates for the parents, and they cannot claim the parents’ immunity

Coy v. Ford Motor Credit Co.

422 Pa. Super. 76 · Superior Court of Pennsylvania · Jan 8, 1993

There, we held, not that receipt of notice is always necessary but, that such notice clearly fulfilled all requirements under the UCC. Id. at 616 , 525 A.2d at 391 . … There is also no evidence in the certified record to establish that the sale of the repossessed truck was publicized, even among those dealers permitted to attend.

Com. v. Arias, A.

Superior Court of Pennsylvania · Jan 22, 2016

Whether the [c]ourt erred in allowing the Commonwealth to read into evidence the testimony of Rafael Santana Nunez from the Preliminary Hearing in that the Commonwealth did not establish that the … We note that the “[a]dmission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly abused its discretion.” Commonwealth v.

Parmentier, Trustees', Appeal

139 Pa. Super. 27 · Superior Court of Pennsylvania · Oct 12, 1939

The Avord stated means fixed, established, occurring at regular times, as, stated hours of business. So, statedly means at certain times, not occasionally. … It would be hard to find language that more clearly defines the use, which is the ground of the exemption.’ ” There is no such qualification in respect to the expression in the constitution, “institutions of purely public

Phansackdy, S. v. Reilly Foam

Superior Court of Pennsylvania · May 20, 2019

The Court will affirm the grant of judgment on the pleadings if the moving party's right to succeed is certain and the case is so free from doubt that trial would clearly be a fruitless exercise. Municipality of Mt. … 00 15 exclusivity and immunity from suit pursuant to 77 P.S. § 481. Thompson v. Workers' Comp.

Com. v. Martinez, E.

Superior Court of Pennsylvania · Oct 12, 2022

As a result, he failed to establish he raised the issue in a timely manner. … These boilerplate assertions are far from sufficient to establish a pattern or practice.

Commonwealth v. Huston

46 Pa. Super. 172 · Superior Court of Pennsylvania · Mar 3, 1911

Mercer had had no communication with Sander-son whatever, but the evidence clearly established that Sanderson had at that time been in consultation with Huston. … This being the case it was clearly proper for the court to direct the jury to retire for further deliberation.

Ressler v. Ressler

434 Pa. Super. 563 · Superior Court of Pennsylvania · Jul 6, 1994

If, however, it has some other purpose relating to compensation for work performed during the marriage, it would qualify as marital property for the purpose of equitable distribution, regardless of the timing of the divorce … Although the severance payment which was received by Husband four months after the separation was nonmarital property, it was clearly an asset possessed by Husband at the time of the court-ordered equitable distribution even

Com. v. Rosenthal, J.

233 A.3d 880 · Superior Court of Pennsylvania · Jun 8, 2020

To qualify, the statement must tend to show that racial animus was a significant motivating factor in the juror’s vote to convict. … The trial court stated that further inquiry regarding the jury’s deliberation was not required in the instant case as Appellant’s ethnicity was never established at trial and “[n]one of the boorish, ethnic remarks was

Com. v. Rosario, K.

2021 Pa. Super. 52 · Superior Court of Pennsylvania · Mar 23, 2021

“[A]n alleged error must qualify as a clear clerical error (or a patent and obvious mistake) in order to be amenable to correction.” Commonwealth v. Borrin, 12 A.3d 466, 473 (Pa. … necessary to establish the offense of aggravated assault, namely, the infliction of serious bodily injury.”

Commonwealth v. Freeman

2016 Pa. Super. 235 · Superior Court of Pennsylvania · Oct 31, 2016

We further note: It is well-established that there are three categories of interaction between citizens and police officers. … The Commonwealth’s final witness, Corporal Nicholas Cortes, was presented and qualified as an expert in drug identification, interdiction, and trafficking. N.T., 1/12/15, at 84-87.

Gill v. People's Natural Gas Co.

17 Pa. Super. 462 · Superior Court of Pennsylvania · Jul 25, 1901

case, shall be deemed, at the hearing or trial, to be competent evidence of the fact so alleged, without further proof than the offer of such averment in evidence, and no evidence shall be admitted to support, contradict, qualify … For, although the oral testimony adduced by the plaintiff may not have fully established the averment of his statement of claim, it does not disprove it.

Weiss v. Swift & Co.

36 Pa. Super. 376 · Superior Court of Pennsylvania · Jul 15, 1908

But this distinction is very clearly pointed out in the opinion of Judge Porter in Bennett v. Sullivan County, 29 Pa. Superior Ct. 120 , and of Judge Henderson in Commonwealth v. … We do not say that such a title is always sufficient, but we do say that the title in question is as clearly so as any that is referred to in the cases last cited.

Petrik v. Nat. Slovak Union (Et Al.)

136 Pa. Super. 308 · Superior Court of Pennsylvania · Apr 12, 1939

The statute does not prescribe the degree of dependency that must be shown by a beneficiary who seeks to establish his status within the scope of the provision in question. … L. 1092.) 2 See Proposed Rules of Civil Procedure as to Interpleader by Defendant, Rule 2306 (c). 3 This case was qualified by Grant v.

In Re the Adoption of B.G.S.

418 Pa. Super. 588 · Superior Court of Pennsylvania · Aug 17, 1992

It appears the trial court and the majority, in denying the petition to terminate, were effected by the pleas of a young woman to return her child rather than by the evidence which clearly met the test of clear and convincing … The MMPI, in the hands of a properly qualified expert, is a highly effective diagnostic/prognostic tool in combination with other data and information as was the case here.

Commonwealth v. Kubis

2002 Pa. Super. 296 · Superior Court of Pennsylvania · Sep 19, 2002

Breakiron, 566 Pa. 323 , 781 A.2d 94, 98 (2001). ¶ 19 Appellant clearly failed to comply with these requirements. … This clearly exceeds the exception's sixty-day deadline. ¶ 20 Regardless, the statements the gas station attendant made to appellant's investigator do not qualify as newly discovered evidence.

In the Interest of: C.K., A Minor Appeal of: CYF

165 A.3d 935 · Superior Court of Pennsylvania · Jun 5, 2017

efforts … with entirely inadequate communication with the results that a therapist was put in place who didn’t know what she was there for and -9- J-A07039-17 J-A07040-17 wasn’t qualified … Unless responsibility for a child’s or family’s case has clearly been delegated to the other agency and a mechanism for accountability has been established, the referring child welfare agency should retain

Proctor v. Metropolitan Life Insurance

20 Pa. Super. 523 · Superior Court of Pennsylvania · Jul 10, 1902

After a review of all the testimony we feel that this fact was not so clearly established by the testimony of Dr. … While he states, “ I found a tumor, lying mostly in the cavity of the vagina and extending up the inside of the uterus or womb,” he qualifies the statement by adding, “ Well, of course it is a little mite vague when you examine