Case law

Howell v. Kingston Twp. School District

106 Pa. Super. 89 · Superior Court of Pennsylvania · Mar 10, 1932

As held in Rice v. The School Board of Northampton, 4 Mackey 305 , school teachers, if injured in the course of employment, are entitled to the protection of the Workmen’s Compensation Act. … We believe that the judgment entered in this case is fully sustained by Messer v. Mfrs. Light and Heat Co., 263 Pa. 5 , and Haddock v.

Wehr v. Philadelphia Derrick & Salvage Corp.

192 Pa. Super. 161 · Superior Court of Pennsylvania · Apr 13, 1960

The widow-claimant then appealed to the court of common pleas, which tribunal, December 28, 1959, affirmed the board’s decision. In an opinion handed down this day in Hurlburt v. Fidelity Window Cleaning Co., 192 Pa. … As pointed out by Judge Woodside in Chuplis v. Steve Shalamanda Coal Co., 192 Pa.

Commonwealth v. Hoover

2011 Pa. Super. 42 · Superior Court of Pennsylvania · Mar 7, 2011

Commonwealth v. Brown, 449 Pa.Super. 346 , 673 A.2d 975, 978-79 (1996). … Brown, 673 A.2d at 979 . Thus, in Brown , we reiterated the well-established prohibition against using a defendant’s admission into an ARD program to attack the credibility of witnesses. Id. at 978-79.

Horosko v. Mount Pleasant Township School District

135 Pa. Super. 102 · Superior Court of Pennsylvania · Dec 16, 1938

L. 243, §9, 24 PS §338, a school board may adopt such reasonable rules and regulations as it may deem necessary and proper regarding the management of its affairs and the conduct and deportment of teachers (Jones v. … See (Ganaposki’s Case, 332 Pa. 550 , 2 A. 2d 742 ; Jones v. Kulpmont Borough School District, supra.

Hasley's Appeal

151 Pa. Super. 192 · Superior Court of Pennsylvania · Oct 28, 1942

The appellant asks that the board be directed to grant her a permit, and if refused that the case be remitted to the board so that it could adopt a uniform policy. … Appellant does not allege that the ordinance itself is unreasonable because not uniform throughout each zoning district, as in De Blasiis et al. v. Bartell & Oliveto, 143 Pa.

Gavandula v. RYAN BROTHERS

205 Pa. Super. 325 · Superior Court of Pennsylvania · Apr 15, 1965

Apker v. Croton Can Co., 150 Pa. Superior Ct. 302 at 305 . In this case the referee and the board found that the claimant had failed to sustain his burden of proof after two hearings. … In making its findings the board need not accept even uncontradicted testimony as true. Zimmiski v. Lehigh Valley Coal Company, 200 Pa. Superior Ct. 524 and Berdy v. Glen Alden Corporation, 202 Pa. Superior Ct. 525 .

Banks v. McClain

156 Pa. Super. 512 · Superior Court of Pennsylvania · Oct 26, 1944

Assn. v. Melnick et al., 325 Pa. 182, 186 , 189 A. 470 . … Wise v.

Commonwealth v. Logan

172 Pa. Super. 365 · Superior Court of Pennsylvania · Jan 20, 1953

Commonwealth v. Amato, 148 Pa. Superior Ct. 151 , 24 A. 2d 681 ; Commonwealth v. Harrison, 137 Pa. Superior Ct. 279 , 8 A. 2d 733 . … Com. v. Wade, 156 Pa. Superior Ct. 88 , 39 A. 2d 460 .

Commonwealth Ex Rel. Margiotti v. Ortwein

132 Pa. Super. 166 · Superior Court of Pennsylvania · May 2, 1938

Salary Board, 322 Pa. 138 , 185 A. 278 ; Haspel v. … Chief Justice Kephart in Milk Control Board v.

Mapp v. Philadelphia

215 Pa. Super. 101 · Superior Court of Pennsylvania · Sep 11, 1969

(Emphasis added) Thus, it is evident that the Board only considered the work patterns of appellant’s profession in general in determining whether she had suffered an unusual strain. In light of Hamilton v. … See Schrecengost v. Heilman Trucking Co., 174 Pa. Superior Ct. 299 , 101 A. 2d 417 (1953). This case is remanded to the Board for reconsideration in light of Hamilton v. Procon.

Apker v. Crown Can Co.

150 Pa. Super. 302 · Superior Court of Pennsylvania · Oct 7, 1942

Callihan v. Montgomery, 272 Pa. 56 , 115 A. 889 ; Anderson v. Baxter, 285 Pa. 443 , 132 A. 358 ; Vorbnoff v. … Bakaisa v. Pittsburgh & West Virginia R. R., 149 Pa. Superior Ct. 203 , 27 A. (2d) 769. But in our opinion the Board correctly held there was no evidence of a compensable accident; the case is ruled by Adamchick v.

Thompson v. Parke

131 Pa. Super. 81 · Superior Court of Pennsylvania · Mar 15, 1938

See, also, Blumenthal's Est., 227 Pa. 268 , 75 A. 1075 , Rosenberry v. Gillan Bros, et al., 130 Pa. Superior Ct. 469 , 197 A. 523 . … Williams v. Baptist Church et al., 123 Pa. Superior Ct. 136 , 186 A. 168 , relied upon by tbe appellant and tbe board in its opinion, does not control this case.

James v. Southeastern Pennsylvania Transportation Authority

312 Pa. Super. 512 · Superior Court of Pennsylvania · Sep 8, 1983

DeFehr, 283 N.W.2d 147, 152 (N.D., 1979); Brown v. Wichita State University, 219 Kan. 2, 16 , 547 P.2d 1015, 1027 (1976) appeal dismissed 429 U.S. 806 , 97 S.Ct. 41 , 50 L.Ed.2d 67 (1976); Newlan v. … The City of Emporia, 200 Kan. 112 , 434 P.2d 846 (1967); McCann v. The City of Lake Wales, 144 So.2d 505 (Fla. 1962); Brown v. Portland School District No. 1, 48 Or.App. 571 , 617 P.2d 665 (1980); Fuller v.

Williams v. Myers

3 Pa. Super. 481 · Superior Court of Pennsylvania · Feb 16, 1897

The defendant’s liability, if any, arose out of an express promise, that, if *484 the plaintiff would perform her contract with Brown, he, the defendant, would assume Brown’s liability for the moneys to be paid the plaintiff … Superior Ct. 642 ; Barker v. Fairchild, 168 Pa. 246 ; Galey v. Fitzpatrick, 171 Pa. 50 . The appeal is dismissed at the costs of the plaintiff, but without prejudice, etc.

Teresa Caruso v. Com. of Pa.

99 Pa. Super. 238 · Superior Court of Pennsylvania · Apr 25, 1930

It is true that facts found by the board which are supported by competent evidence are as binding on the court below as would be the verdict of a jury. (Sgattone v. Mulholland & Gotwals, Inc., 290 Pa. 341 ). … The board’s finding that the deceased was not an employee of the State was a finding of fact: Sgattone v. Mulholland & Gotwals, Inc., supra.

Marinho v. Glen Alden Coal Co.

108 Pa. Super. 560 · Superior Court of Pennsylvania · Mar 7, 1933

The court, in sustaining said appeal relied upon the case of Dolan v. Commonwealth, which was decided by this court on July 14, 1932, and involved the interpretation of Section 8 of the Act of April 13, 1927, P. L. 186. … Vitkovic v. Pennsylvania Clay Co., 278 Pa. 474 ; Garvin v. Diamond Coal and Coke Co., 278 Pa. 469 ; Kopecky v. Coalmont Coal Co., 278 Pa. 478 . The general rule upon this subject is well stated in 37 C.

Mainor v. Midvale Co.

192 Pa. Super. 367 · Superior Court of Pennsylvania · Jun 15, 1960

Such testimony, of course, had to be carefully scrutinized by the board. The credibility of the witness and the weight of conflict in such evidence were exclusively for the board to resolve and, as we stated in Zilek v. … The only purpose in remitting the case to the board would be to make a finding that this fact, by itself, would make out the common law marriage contract. We have stated in Fronko v. U. S.

DeAngelis Liquor License Case

183 Pa. Super. 388 · Superior Court of Pennsylvania · Jun 11, 1957

The Clarendon V. F. W. Home Association Liquor License Case, 167 Pa. Superior Ct. 44 , 75 A. 2d 171 , is readily distinguished. … Beaver Valley Water Co. v. Pa. P. U. C., 140 Pa. Superior Ct. 297 , 14 A. 2d 205 .” 6 See West Penn Power Company v. Pennsylvania Public Utility Commission, 174 Pa.

Baughman v. Hockensmith Wheel & Mine Car Co.

158 Pa. Super. 314 · Superior Court of Pennsylvania · Sep 24, 1945

The board flatly stated that it preferred the testimony of defend *318 ant’s medical experts which it had the unquestionable right to do. The board may accept or reject the testimony of any witness: Zbirowski v. John T. … The board is not re *319 quired to accept even uncontradicted testimony as true: Walsh v. Penn Anthracite Mining Co., 147 Pa. Superior Ct. 328 , 24 A. 2d 51; Schuch v. Harbison’s Dairies, Inc., 150 Pa.

Strickland v. Baugh & Sons Co.

139 Pa. Super. 273 · Superior Court of Pennsylvania · Sep 28, 1939

Fillman v. Wolfe et al., 100 Pa. Superior Ct. 306 , and Benci v. Vesta Coal Co., 131 Pa. … The Board further finds as a fact that the 50 week period during which compensation was paid to the claimant under compensation agreement No. 3,326,462 expired on September 9, 1937.” 2 Bausch v.