Case law

Caffrey v. Caffrey

28 Pa. Super. 22 · Superior Court of Pennsylvania · Apr 17, 1905

In Comth. ex rel. v. … Heisey v. Risser et. ah, 3 Pa.

Commonwealth v. Tilly

33 Pa. Super. 35 · Superior Court of Pennsylvania · Feb 25, 1907

Opinion by Henderson, J., The first assignment of error raises the same questions considered in Commonwealth v. Hughes, post, p. 90, in which an opinion was this day filed. … The commonwealth relied upon the fact that they were members of the school board; that the board had furnished a statement to the auditors which failed to account for $936.03 of the amount shown by the tax duplicate, and

Swartz v. Fisher & Young, Inc.

211 Pa. Super. 277 · Superior Court of Pennsylvania · Dec 14, 1967

The Workmen’s Compensation Board affirmed this award, and the court below affirmed the decision of the Board. Claimant has appealed to this court. … Where the Board has found against the claimant, the evidence on appeal must be viewed in the light most favorable to the employer: Desiderio v. Penn Fruit Co., Inc., 207 Pa. Superior Ct. 468 , 218 A. 2d 602 .

Munhall Borough Appeal

168 Pa. Super. 299 · Superior Court of Pennsylvania · Jan 12, 1951

Perelman v. Yeadon Borough Bd. of Adjustment, 144 Pa. Superior Ct. 5, 10, 11 , 18 A. 2d 438 . … Louis Park v. Casey, 218 Minn. 394 , 16 N. W. 2d 459 .

Fink v. Miller

19 Pa. Super. 556 · Superior Court of Pennsylvania · Mar 14, 1902

Yard, 1 Rawle, 163 ; Wilson v. Bigger, 7 W. & S. 127 ; Crowell v. McConkey, 5 Pa. 168 ; Stroble v. Smith, 8 Watts, 280 ; Smith v. Warden, 19 Pa. 424 ; Com. v. Shuman’s Admr., 18 Pa. 346 ; Johnson v. … Fritz, 44 Pa. 449 ; Spragg v. Shriver, 25 Pa. 282 .” But the defendants also claim title to the Alice Brown under a treasurer’s sale made to John Balliett in 1876 for the taxes of 1874 and 1875 assessed in his name.

Collins Unemployment Compensation Case

191 Pa. Super. 273 · Superior Court of Pennsylvania · Dec 17, 1959

The board reversed the referee, vacating his findings of fact and found that he was not available. The board is the ultimate fact finding body. Anetakis v. The Salvation Army, 191 Pa. … The determination of availability is largely a question of fact for the board. Pinto Unemployment Compensation Case, 168 Pa. Superior Ct. 540 , 79 A. 2d 802 (1951).

Lanard & Axilbund, Inc. v. Binswanger

212 Pa. Super. 350 · Superior Court of Pennsylvania · Jun 13, 1968

Horn v. Seth, 201 Md. 589 , 95 A. 2d 312 (1953) ; Louis Schlesinger Co. v. Rice, 4 N.J. 169 , 72 A. 2d 197 (1950); Hornstein v. Podwitz, 254 N.Y. 443 , 173 N.E. 674 , 84 A.L.R. 1 (1930). See also Glazer v. … Chandler, 414 Pa. 304 , 200 A. 2d 416 (1964); Dora v. Dora, 392 Pa. 433 , 141 A. 2d 587 (1958); Klauder v. Cregar, 327 Pa. 1 , 192 A. 667 (1937). The Supreme Court in Birl v.

Cusick v. No. 14 Coal Co.

190 Pa. Super. 20 · Superior Court of Pennsylvania · Jun 10, 1959

Prybish, v. Heidelberg Coal Company, 159 Pa. Superior Ct. 12 , 46 A. 2d 509 ; Bronkowski v. Colonial Colliery Company, 153 Pa. … Cooper v. Byllesby Engineering and Management Co., 140 Pa. Superior Ct. 158 , 14 A. 2d 222 .

General Equipment Manufacturers v. Westfield Insurance

405 Pa. Super. 550 · Superior Court of Pennsylvania · Jun 20, 1991

In United Plate Glass v. … Coco Bros, Inc. v. Board of Public Education of the *554 School District of Pittsburgh, 383 Pa.Super. 29 , 556 A.2d 412 (1989).

Babcock v. Babcock & Wilcox Co.

137 Pa. Super. 517 · Superior Court of Pennsylvania · Sep 27, 1939

In support of its position the board relied on the Consona case, Jones v. Hazle Brook Coal Co., 119 Pa. Superior Ct. 409 , 179 A. 783 ; Hale v. Susquehanna Collieries Co., 126 Pa. … Similar cases are those of Jones v. Hazle Brook Coal Co., supra, and Hale v. Susquehanna Collieries Co., *524 supra.

Laffey v. Philadelphia & Reading Coal & Iron Co.

125 Pa. Super. 9 · Superior Court of Pennsylvania · Dec 17, 1936

The merits of the case were not considered; the exceptions of the employer to the action of the board seem, however, to cover the entire case. … We think this appeal should be disposed of upon the broad principles announced by our Supreme Court in Horn v. Lehigh Valley R. R. Co., 274 Pa. 42 , 117 A. 409 .

Cohen v. Central Home Furniture Co.

146 Pa. Super. 499 · Superior Court of Pennsylvania · Oct 7, 1941

Thus in the case of Harby v. Harwell Brothers, 196 N. Y. … The principle was again applied by the New York Court in the case of Bennett v. Marine Works, Inc., 290 N. Y. S. 243. Also recognizing or applying this doctrine are the following: U. S. Casualty Co. v.

Green Gate Inn Liquor License Case

185 Pa. Super. 214 · Superior Court of Pennsylvania · Jan 21, 1958

Commonwealth v. Aikens, 179 Pa. Superior Ct. 501 , 118 A. 2d 205 . … In Commonwealth v. Gorodetsky, 178 Pa.

Lipstok v. Haddock Mining Co.

117 Pa. Super. 300 · Superior Court of Pennsylvania · Dec 11, 1935

Oswald Lever Co., 274 Pa. 139 ; Callihan v. Montgomery, 272 Pa. 56 ; Strohl v. Eastern Pa. Rys. Co., 270 Pa. 132 ; Kuca v. … As stated in Bittner v. Saltlick Township, 109 Pa.

Brusco v. Philadelphia Rapid Transit Co.

148 Pa. Super. 97 · Superior Court of Pennsylvania · Dec 17, 1941

No finding has as yet been made upon the issue thus defined by that board. … See DeJoseph v. Standard Steel Car Co. et al., 99 Pa. Superior Ct. 497 ; Seneca v. Yale & Towne Mfg. Co. et al., 142 Pa. Superior Ct. 470 , 16 A. 2d 754 , and Vetrulli v. Wallin Concrete Corporation et al., 144 Pa.

Wertheimer v. Morris Haber B. & L. Ass'n

113 Pa. Super. 42 · Superior Court of Pennsylvania · Oct 16, 1933

Defendant’s motion for judgment n. o. v. and for a new trial were dismissed. Hence this appeal. … The doctrine of that case was followed in Lepore v. Twin Cities National Bldg. & Loan Assn., 5 Pa. Superior Ct. 276 , and McGovern v. Cosmopolitan Savings & Loan Assn., 44 Pa.

Hughesville Borough School District v. Wolf Township School District

40 Pa. Super. 311 · Superior Court of Pennsylvania · Jul 14, 1909

form but not in intent violative of the constitution, the courts will look beyond the mere form of the act, and examine its true intent and effect in the light of the purpose of the constitutional restrictions:” Bennett v. … which has been so largely introduced into our legislation by reason of the necessities which have arisen by virtue of the restrictive provisions of this third article of the constitution, and it has been *318 held in Com. v.

Vogt v. Port Vue Borough

170 Pa. Super. 526 · Superior Court of Pennsylvania · Jan 17, 1952

Young v. Board of Adjustment of Wilkinsburg Borough, 349 Pa. 450 , 37 A. 2d 714 ; Colteryahn Sanitary Dairy v. Milk Control Commission, 332 Pa. 15 , 1 A. 2d 775 ; White v. … As was recently said in Commonwealth v. DeBaldo, 169 Pa.

Crews v. Carey

207 Pa. Super. 461 · Superior Court of Pennsylvania · Mar 24, 1966

On appeal, the court affirmed the decision of the board. The board and the court below indicated that, the decision was controlled by the case of Scott v. United States Steel Corporation, 203 Pa. … It is true that the finding of the board that the claimant was not exposed to a silica hazard is a pure question of fact. See: Witters v. Harrisburg Steel Corporation, 183 Pa. Superior Ct. 450 , 132 A. 2d 762 (1957).

Heinold v. Pittsburgh Brass Mfg. Co.

132 Pa. Super. 400 · Superior Court of Pennsylvania · May 6, 1938

The principle involved is clearly set forth in Shortz v. Farrell, 327 Pa. 81, 85 , 193 A. 20 , where Mr. Justice Steen said: “It is true that section 417 of the Act of *404 June 2, 1915, P. … Facts conceivably known to the deputy commissioner (Workmen’s Compensation referee), but not put in evidence so as to permit scrutiny and contest, will not support a compensation order’: Crowell v. Benson, 285 U.