Case law

Briggs v. City of Philadelphia

112 Pa. Super. 50 · Superior Court of Pennsylvania · Oct 11, 1933

They are readily distinguished from the present lease, which clearly indicates an occupancy of the premises for more than a month. … Briggs, to establish the actual knowledge of the defective sidewalk by the owner.

Rieck-Mcjunkin Dairy Co. v. George

162 Pa. Super. 132 · Superior Court of Pennsylvania · Nov 12, 1947

:Within 300.feet of the place of the collision there are a-number of dwelling .houses and at least 15 mercantile or other business establishments fronting on the east side of McClure Avenue. • Shortly after noon on October … This burden of proof was clearly met.

Davidson v. John Hancock Mutual Life Insurance

152 Pa. Super. 63 · Superior Court of Pennsylvania · Mar 9, 1943

A trial judge should 'afford a party every opportunity properly to identify a document and may even grant a new 'trial when the interest of justice requires it to afford a party a further opportunity to establish the *66 … This was clearly within his power to do. The order is affirmed.

Commonwealth v. Fisher

96 Pa. Super. 155 · Superior Court of Pennsylvania · Mar 15, 1929

The Act of 1926 qualifies this provision by providing a method for regulating the manufacture of cereal beverages, as well as denatured or industrial alcohol for non-beverage purposes, and requiring a permit from a state … The obtaining of a permit from the State Alcohol Permit Board does not render the holder immune from prosecution under the general prohibitory Act of 1923, if he violates it's provisions.

Cocivera v. Philadelphia Transportation Co.

190 Pa. Super. 50 · Superior Court of Pennsylvania · Jun 10, 1959

of the res gestae, time must be related in close proximity with the occurrence so as to qualify the declaration as reasonably immediate and not one of considered reflection. … The testimony considered in the light most favorable to appellant, as we must in this appeal, clearly established that, as a result of the sudden stop, she did not fall to the floor nor did anyone else in the bus.

Digangi Motor Vehicle Operator License Case

209 Pa. Super. 444 · Superior Court of Pennsylvania · Apr 12, 1967

We are clearly of the opinion that the court below erred, and its order will therefore be reversed. The instant appeal is controlled by our decision in Vivio Motor Vehicle Operator License Case, 209 Pa. … To accept Roach’s contention would be to create a privilege and immunity not provided in the law.

Commonwealth v. Herbert

348 Pa. Super. 566 · Superior Court of Pennsylvania · Dec 27, 1985

The trial evidence established the following. … Defendant, while in custody, clearly made himself unavailable for criminal prosecution.

Commonwealth v. Danysh

2003 Pa. Super. 348 · Superior Court of Pennsylvania · Sep 17, 2003

. ¶ 13 Whether by inadvertence or design, the statutes clearly spell out a different procedure where the defendant is incarcerated in a county facility. … The General Assembly, as one of the democratic branches of government, has established the courts’ respective jurisdictions and we cannot modify its scheme, once properly established. ¶ 14 In this case, the court of common

K.H. v. Kumar, S., M.D

2015 Pa. Super. 177 · Superior Court of Pennsylvania · Aug 25, 2015

Furthermore, the CPSL does not expressly preclude civil liability for a failure to report abuse, nor immunize those who fail in their reporting obligations. … However, it is clearly the case that the duty asserted by Appellants was Appellees’ duty to K.H., which, at least in its broadest strokes, cannot be disputed.

Electron Energy Corp. v. Short

408 Pa. Super. 563 · Superior Court of Pennsylvania · Aug 20, 1991

However, to establish a breach then, it would be necessary to establish that the design was not up to professional standards. This clearly was not done. … The testimony regarding the heat exchange system clearly did not establish the points necessary to charge appellants with the cost of the system.

Commonwealth v. Gause

2017 Pa. Super. 160 · Superior Court of Pennsylvania · May 24, 2017

In our opinion, the facts and circumstances of the case before us clearly fall within the "expert testimony necessary" classification. … In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence.

Knauer v. Salter

313 Pa. Super. 289 · Superior Court of Pennsylvania · Mar 25, 1983

. §318 established an exclusive remedy for appellant. … United States found the absence of any adjustment in the types of recovery persuasive, we too believe that the silence of our legislature with respect to reconciling § 3501 to the waiver provision speaks the loudest. 2 Clearly

Commonwealth v. McClure

172 A.3d 668 · Superior Court of Pennsylvania · Oct 20, 2017

Some have held that the privilege is qualified, and may be overcome in extreme cases. … In Pennsylvania, other privileges related to the judiciary are absolute, not qualified.

Dickson Unemployment Compensation Case

205 Pa. Super. 468 · Superior Court of Pennsylvania · Jun 17, 1965

Claimant’s application was filed on July 20, 1964, which established as her base year period the second, third and fourth quarters of 1963 and the first quarter of 1964. 1 During this period claimant was employed by the Shuko … Section 404(b) above set forth clearly provides that the highest quarterly wages shall be the wages paid . . .

Commonwealth v. Puder

67 Pa. Super. 11 · Superior Court of Pennsylvania · Jul 13, 1917

Stewart, J., said: “Having so qualified, and paid a license fee, he (the money lender) thereupon is licensed for one year to lend money......and to ‘charge the borrowers thereof, for its use or loan, interest not to exceed … amount.’......The general scheme of the act is, to create into a class persons absolutely undistinguishable from the entire body of citizenship by anything suggesting differentiation with respect to rights, privileges, immunities

Hefferin v. Stempkowski

247 Pa. Super. 366 · Superior Court of Pennsylvania · Apr 19, 1977

This was clearly not intended. … . *370 Clearly the amendment grants the employer-appellant immunity from suit and bars its joinder as an additional defendant in this action. The employer's right to subrogation remains unchanged.

F.D.P. v. Ferrara

2002 Pa. Super. 223 · Superior Court of Pennsylvania · Jul 8, 2002

Those two conditions *1230 clearly were critical to the imposition of liability in Hutchison. Also compare Reider v. … The Supreme Court granted review, concluding first that sovereign immunity did not apply since an exception to sovereign immunity exists for medical-professional liability.

Verloic, G. v. Doe, J.

2015 Pa. Super. 194 · Superior Court of Pennsylvania · Sep 14, 2015

To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating and compelled.” Commonwealth v. Reed, 19 A.3d 1163, 1167 (Pa. Super. 2011). … Prior and subsequent decisions have likewise interpreted and limited the constitutional immunity from self-incrimination to speech, or the equivalent of speech, as former Chief Justice STERN so clearly said

Est. of: Krappa, L. v. Lyons, M.

211 A.3d 869 · Superior Court of Pennsylvania · May 23, 2019

evaluations, opinions or other actions of such committee or any members thereof: Provided, however, That information, documents or records otherwise available from original sources are not to be construed as immune … The PRPA’s protections do not extend to the credentialing committee’s materials, because this entity does not qualify as a “review committee.” See Reginelli, 181 A.3d at 306.

Cranshaw Construction Inc. v. Ghrist

290 Pa. Super. 286 · Superior Court of Pennsylvania · Sep 4, 1981

We find that Cranshaw is immune and therefore reversed the order. Section 203 [2] of the Workmen's Compensation Act establishes the requisites of statutory employer status in negligence actions. … In order to find refuge with section 481, Appellant must establish that it was Appellee Ghrist's employer, since it obviously cannot come within any other of the therein enumerated categories granted immunity from liability