Case law

Loeffler v. Western Electric Co.

107 Pa. Super. 326 · Superior Court of Pennsylvania · Sep 27, 1932

As to the findings of fact by the referee and the board, the only question for the court is: Does the record contain legally competent evidence to sustain them? Ford v. Dick, 288 Pa. 140 . … Grobuskie v. Shipman Koal Co., 80 Pa. Superior Ct. 349 ; Davis v. Davis, supra.

Philadelphia v. Madden

202 Pa. Super. 1 · Superior Court of Pennsylvania · Sep 12, 1963

Contracts, §305, and Warren-Ehret v. Byrd, 220 Pa. 246 (1908). … Philadelphia v. Sam Bobman Department Store Co., supra. 4.

Commonwealth v. Wright

279 Pa. Super. 608 · Superior Court of Pennsylvania · Aug 1, 1980

Commonwealth v. Draper, 222 Pa.Super. 26 , 293 A.2d 614 (1972). … Bleecher v. Rundle, 207 Pa.Super. 443 , 217 A.2d 772 (1966).

Commonwealth v. Hodge

441 Pa. Super. 653 · Superior Court of Pennsylvania · May 8, 1995

In Commonwealth v. Brown, 538 Pa. 410, 434-438 , 648 A.2d 1177, 1189-1191 (1994), the Pennsylvania Supreme Court made clear that challenges to the weight of the evidence must first be presented to the trial court. … Brown, supra at 438, 648 A.2d at 1191 , quoting Commonwealth v. Nelson, 514 Pa. 262 , 271 n. 3, 523 A.2d 728 , 733 n. 3 (1987), cert. denied, 484 U.S. 928 , 108 S.Ct. 293 , 98 L.Ed.2d 253 (1987) (citations omitted).

Thomas v. Bache

155 Pa. Super. 224 · Superior Court of Pennsylvania · Mar 8, 1944

This fundamental principle was not observed by the board. Some of the board’s substituted findings were opposed to the facts stipulated of record. … Mulholland & Gotwals, 290 Pa. 341 , 138 A. 855 ; Sechrist v. Kurtz Bros., supra, p. 218; Lecker v. Valentine, 286 Pa. 418 , 133 A. 792 . The board based its action very largely on Mr.

Swartz v. Swartz

456 Pa. Super. 16 · Superior Court of Pennsylvania · Feb 6, 1997

In Brown v. … Brown, 435 A.2d at 861 .

Psinakis v. Psinakis

177 Pa. Super. 250 · Superior Court of Pennsylvania · Jan 14, 1955

(Emphasis added) Brown, Pa. Evid. p. 251. This rule, like many similar ones, is not difficult to state but extremely difficult to apply. President Judge Rice, in Keating v. Nolan, 51 Pa. … Evid. 4th Ed., Sec. 776; Brown, Pa. Evid. p. 251. *253 Where the sole issue is payment, the survivor, in our opinion, is incompetent to testify after the death of the opposite party that he has not been paid. Lahey v.

Commonwealth v. Schulhoff

218 Pa. Super. 209 · Superior Court of Pennsylvania · Mar 23, 1971

On the sufficiency of the evidence, the decision of our Supreme Court in the recently decided case of Commonwealth v. Tirpak, 441 Pa. 534 , 272 A. 2d 476 (1971), is controlling. … Wright, P, J., would affirm on the opinion of Brown, J.

Commonwealth v. Davenport

286 Pa. Super. 212 · Superior Court of Pennsylvania · Apr 20, 1981

In Commonwealth v. … Commonwealth v. Brown, 462 Pa. 578 , 342 A.2d 84, 90 (1975). In the case at bar, the testimony of the victim, Thomas Davis, was necessary to “complete the picture” of what transpired on the night of October 20,1978.

Antinopoulas Unempl. Comp. Case

185 Pa. Super. 76 · Superior Court of Pennsylvania · Jan 21, 1958

Ambridge Savings and Loan Association, Appellant, v. Unemployment Compensation Board of Review. Superior Court of Pennsylvania. Argued November 13, 1957. January 21, 1958. … We also posed several questions of fact for the board to decide.

Conroy v. Loew's Inc.

102 Pa. Super. 523 · Superior Court of Pennsylvania · Apr 29, 1931

Morris v. … See also Callihan v. Montgomery, 272 Pa, 56; Corcoran v. *527 Penna. Coal Co., 76 Pa. Superior Ct. 325 ; Faucett v. P. R. T., 89 Pa. Superior Ct. 449 .

In the Interest of DelSignore

249 Pa. Super. 149 · Superior Court of Pennsylvania · Jun 29, 1977

She was in the company of two young men who appeared to be loading something into the trunk of a car, and she was wearing a long brown fur coat. Mrs. … It was brown . N.T. at 11. Mrs.

Benedict v. FOX

192 Pa. Super. 197 · Superior Court of Pennsylvania · Apr 13, 1960

The Workmen’s Compensation Board, on appeal, found that the referee had correctly resolved the matter by his first conclusion, which the board adopted by vacating and setting aside the latter conclusion. … As we said in Ede v. Ruhe Motor Corporation, 184 Pa.

Oggier Estate

153 Pa. Super. 216 · Superior Court of Pennsylvania · May 5, 1943

He agreed to pay her $10.00 a week for room and board, but he later asked her to reduce the amount to $8.00, assuring her that he would take care of her. … Brown Fulton testified that he treated Oggier during the entire time the latter resided with Mrs.

Trovato v. W. J. McCahan Sugar Refining Co.

122 Pa. Super. 499 · Superior Court of Pennsylvania · Mar 13, 1936

If the former, his death was compensable under the rulings of the Supreme Court in Lane v. Horn and Hardart B. Co., 261 Pa. 329 , 104 A. 615 , and of this court in Clancy v. Booth and Flinn Co., 109 Pa. … Superior Ct. 452 , 167 A. 393 , and Consentino v. Union Paving Co., 113 Pa. Superior Ct. 295 , 173 A. 470 ; if the latter, it was not compensable under our decision in Howey v. Peppard Bros, et al., 108 Pa.

Lamb v. State Work Relief Compensation Fund & Works Division

127 Pa. Super. 44 · Superior Court of Pennsylvania · Apr 13, 1937

Kincaid; or the State Emergency Relief Board.” … We readily recognize that, ordinarily, the test of determining by whom one is employed does not depend solely upon the payment of wages, but it may aid in resolving that fact: Sgattone v.

Patterson v. Williams

52 Pa. Super. 299 · Superior Court of Pennsylvania · Feb 27, 1913

amount the mare would be sold for board, under the act of April 7, 1807, 4 Sm. … , or facts from which a contract could be implied, for boarding the mare: Williams v.

Lasick v. Consumers Mining Co.

182 Pa. Super. 414 · Superior Court of Pennsylvania · Dec 28, 1956

See, also, Giannetti v. M. C. Seib Company, 163 Pa. Superior Ct. 530, 533 , 63 A. 2d 464 ; Bush v. Lehigh Brick Company, 176 Pa. Superior Ct. 634, 639 , 109 A. 2d 206 . Defendants rely upon Jericho v. … Likéwise in Harrington v. Mayflower Manufacturing Company, 173 Pa.

Justice v. Philadelphia

37 Pa. Super. 267 · Superior Court of Pennsylvania · Oct 12, 1908

In this state it is held that such an obligation will sustain an express promise to pay, and, a fortiori, an actual payment: Hemphill v. McClimans, 24 Pa. 367 ; Stebbins v. Crawford County, 92 Pa. 289 ; Leonard v. … Duffin, 94 Pa. 218 ; Brooks v. Bank, 125 Pa. 394 ; Holden v. Banes, 140 Pa. 63 ; Kelly v. Eby, 141 Pa. 176 .

Walden v. Williams Bros.

167 Pa. Super. 289 · Superior Court of Pennsylvania · Jul 20, 1950

Werner v. Allegheny County, 153 Pa. Superior Ct. 10, 14 , 33 A. 2d 451 . … Combs v. Cole Brothers Circus, Inc., 165 Pa. Superior Ct. 346 , 67 A. 2d 791 . But, as said by the Board, deceased “was engaged in preserving or protecting his employer’s property when he met his untimely death.”