Case law

Essington Enamel Co. v. Granite State Fire Insurance

45 Pa. Super. 550 · Superior Court of Pennsylvania · Mar 3, 1911

It clearly appears that when Mr. … To establish a custom the evidence must establish clearly and convincingly such a usage as can fairly be presumed to have entered into the intention of the parties: Adams v. Ins. Co., 76 Pa. 411 .

Commonwealth v. Parker

59 Pa. Super. 74 · Superior Court of Pennsylvania · Feb 24, 1915

Manifestly, if the averments of the petition were duly established, the prayer of it should have been granted. … The doctrine of these cases has been uniformly followed hi a long line of later ones and is now firmly established as the law of this commonwealth.

Czepukaitis v. Philadelphia & Reading Coal & Iron Co.

203 Pa. Super. 493 · Superior Court of Pennsylvania · Jun 11, 1964

.” *497 We approve the following portion of the able opinion of the Court en banc as written by Judge Dalton : “The foregoing findings of fact clearly establish that claimant meets every requirement of the Act. … If a claimant, who was otherwise qualified, worked only on the first day of the final four-year period, he would clearly be entitled to compensation under the Act.

Commonwealth v. Gibbons

3 Pa. Super. 408 · Superior Court of Pennsylvania · Jan 19, 1897

The rule governing the action of the court is clearly expressed in Graham v. Penn. … And in actions of slander, to mitigate the damages, the rule is qualified, but no ease cited or found will sustain the contention of the commonwealth on this branch of the case, and these assignments of error are sustained

Tonsic v. Wagner

220 Pa. Super. 468 · Superior Court of Pennsylvania · Mar 24, 1972

This desire to avoid the charitable immunity doctrine was apparently the underlying factor in Rockwell v. Stone, supra, and Rockwell v. … Charitable immunity was, however, discarded in Flagiello v. Pennsylvania Hospital, 417 Pa. 486, 208 A. 2d 193 (1965).

Swing v. Walker

27 Pa. Super. 366 · Superior Court of Pennsylvania · Mar 14, 1905

A qualified acceptance does not constitute a contract. … Taking the whole case into consideration, we are of the opin *374 ion that the jury was permitted to regard all the evidence, and that the verdict is attributable to the failure of the plaintiffs to clearly establish the

Commonwealth v. Stivala

435 Pa. Super. 176 · Superior Court of Pennsylvania · Jul 26, 1994

(Emphasis added) Clearly, the language of the immunity statute requires the court to grant the immunity request based entirely upon the decision to seek it by the Attorney General or district attorney. … There is no discretion given to the trial court, and clearly, therefore, the grant of an order of immunity is a ministerial act.

Krizovensky v. Krizovensky

425 Pa. Super. 204 · Superior Court of Pennsylvania · May 4, 1993

Wife, through her attorney, shall prepare a [Qualified Court Order] in order to implement the distribution as set forth herein. … This portion shall be determined .in accordance to the criteria established in paragraph 10 [calculation of a coverture fraction].

Commonwealth v. Bruce

2007 Pa. Super. 4 · Superior Court of Pennsylvania · Jan 4, 2007

In that respect, the reports constituted hearsay evidence. ¶ 30 At trial, there was no suggestion that the reports qualified for any exception to the Rule against Hearsay. … Used for this purpose, the photographs were clearly relevant and admissible.

Commonwealth v. Durlin

75 Pa. Super. 260 · Superior Court of Pennsylvania · Dec 13, 1920

As thus qualified this point is affirmed.” … The answer of the court certainly gave the jury to clearly understand that evidence of good character was of equal importance with any other evidence tending to establish the innocence of the defendant.

Philadelphia Contributionship Insurance v. Shapiro

2002 Pa. Super. 139 · Superior Court of Pennsylvania · May 8, 2002

Shapiro, 852 F.Supp. 1246, 1256 , a former attorney with William Shapiro Esquire, P.C., alleged that the firm terminated his employment after learning that he had acquired immune deficiency syndrome (“AIDS”). … Instead, the damages he claimed were all emotional damages and are not covered by the policy. ¶ 30 Similarly, none of John Doe’s claims qualify as “property damage” under the policy.

Commonwealth v. Martin

273 Pa. Super. 88 · Superior Court of Pennsylvania · Dec 21, 1979

He argues that the Commonwealth’s death qualifying the jury denied defendant a jury composed of a “fair cross-section of the community.” … California, 402 U.S. 183 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), the United States Supreme Court clearly established that a statute which allowed a jury to be aware of sentencing alternatives was not unconstitutional.

Commonwealth v. Johnson

2008 Pa. Super. 26 · Superior Court of Pennsylvania · Mar 3, 2008

Appellant claims he qualifies for the after-discovered evidence exception enumerated in Subsection 9545(l)(b)(ii). … Clearly, then, Appellant is not entitled to the retroactive application of Batson.

Freeport School District v. County of Armstrong

162 Pa. Super. 237 · Superior Court of Pennsylvania · Nov 13, 1947

It alone conferred no immunity from taxation, and the title gives no intimation that such real estate shall be exempt therefrom. … The Assessment Law clearly shows in subsection (b) that no income-producing property is exempt from taxation merely because it is owned by a municipality. Cf. County of Franklin v. W. A. McClean, 93 Pa.

Commonwealth v. Bodge

256 Pa. Super. 376 · Superior Court of Pennsylvania · Jul 12, 1978

The official report of this case fails to establish whether Justice Roberts participated in its consideration or decision. See 462 Pa. at 245 , 341 A.2d 62 . … In my judgment, in the context of this case counsel clearly was not alluding to any confidential relationship between Mr. Nicholas and Bodge, but rather to the fact that Mr.

Commonwealth v. Laudenberger

715 A.2d 1156 · Superior Court of Pennsylvania · May 27, 1998

Although clearly hearsay, appellant maintained that the statement qualified for the declaration against penal interest exception. … The Commonwealth does not challenge that Gonzalez’s statement qualifies as inherently trustworthy, nor could it.

Commonwealth v. Ranson

2014 Pa. Super. 227 · Superior Court of Pennsylvania · Oct 8, 2014

The Navarette Court relied upon that fact that "[a] 911 call has some features that allow for identifying and tracing callers, and thus provides some safeguards against making false reports with immunity,” such as the fact … The facts of the instant case are clearly distinguishable, and no such safeguards establishing reliability were in place.

Puricelli v. Puricelli

446 Pa. Super. 493 · Superior Court of Pennsylvania · Nov 16, 1995

Examination of the order in this ease reveals that it *413 clearly does not fall within any of the above categories. … This part of the trial court’s order involves an issue which is clearly separable from and collateral to the main cause of action.

Commonwealth Ex Rel. Valentine v. Strongel

246 Pa. Super. 466 · Superior Court of Pennsylvania · Mar 31, 1977

Appellant contends that the lower court could not properly consider the blood test results because they were dehors the record and that the Uniform Act on Blood Tests to Determine Paternity 2 establishes a requirement that … Clearly it was error for the trial court to use evidence dehors the record to make its determinations. We reverse and remand for a new trial. WATKINS, President Judge, and JACOBS and VAN der VOORT, JJ., dissent. 1 .

Commonwealth v. Melson

432 Pa. Super. 1 · Superior Court of Pennsylvania · Feb 16, 1994

Banks’s refusal to testify clearly fits within this test. In preparation for Melson’s trial, the Commonwealth negotiated an agreement for Banks’s live testimony and granted Banks immunity. … Banks was granted immunity for his testimony in both of Melson’s trials; consequently, he has no reason to fear that he will be subject to a perjury prosecution even if his testimony in the second trial establishes that his