Case law

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  • Galette, C. v. NJ Transit

    293 A.3d 649 · Superior Court of Pennsylvania · Mar 21, 2023

    Franchise -5- J-S37005-22 Tax Board of California v. Hyatt, 139 S.Ct. 1485, 1496 (2019) (cleaned up). … of California v.

    Cited 3 timesPublished
  • Com. v. Atkinson, D.

    265 A.3d 715 · Superior Court of Pennsylvania · Oct 19, 2021

    Brown v. Levy, 73 A.3d 514, 517 (Pa. 2013). The Majority, however, disregards the plain language of the statute and holds that “the compulsory joinder rule is simply not implicated [here]. . . . … Brown, 73 A.3d at 517.

    Cited 1 timesPublished
  • Roberts Electric Supply Co. v. Kidder

    89 Pa. Super. 323 · Superior Court of Pennsylvania · Oct 11, 1926

    Penrose v. Caldwell, 29 Pa. Superior Ct., 550; Woodoleum Flooring Co. v. Kayser, 45 Pa. Superior Ct., 372; Donoghue v. O’Kane, 55 Pa. Superior Ct., 11; Elzea v. Brown, 59 Pa. Superior Ct., 403. … In addition to these defects, we find the supplementary affidavit without any attempt to explain the inconsistency (Elzea v. Brown, supra.) gives contradictory statements of the same occurrence.

    Cited 0 timesPublished
  • Kozak v. Joseph Reilly Coal Co.

    141 Pa. Super. 413 · Superior Court of Pennsylvania · Apr 18, 1940

    The decedent went on board, started the locomotive backwards, crashed into some cars, upset the engine and was killed. … In Haywood v. Henrietta Coal Co., 118 Pa.

    Cited 5 timesPublished
  • Commonwealth v. Martin

    47 Pa. Super. 346 · Superior Court of Pennsylvania · Jul 13, 1911

    We need only cite the recent cases of Holden v. Penna. R. R. Co., 169 Pa. 1 ; Saxton v. Pittsburg Rys. Co., 219 Pa. 492 ; Freeman v. Traction Co., 36 Pa. Superior Ct. 166 ; Brown v. Electric Street Ry. Co., 43 Pa.

    Cited 5 timesPublished
  • Thompson v. Hahn Motors, Inc.

    269 Pa. Super. 271 · Superior Court of Pennsylvania · Sep 7, 1979

    Board of Supervisors of Warminster Township, 243 Pa.Super. 46, 52 , 364 A.2d 442, 445 (1976). … Board of Supervisors of Warminster Township, supra, that a petition filed eight months after entry of judgment non pros was not timely where counsel should have known of the entry of the judgment. See also Boyles v.

    Cited 5 timesPublished
  • Commonwealth v. Horsley

    244 Pa. Super. 91 · Superior Court of Pennsylvania · Dec 15, 1976

    From a concealed position the officer saw appellee give another man a “small metal-like object,” from a brown paper bag, in return for money. … Commonwealth v. Froelich, 458 Pa. 104 , 326 A.2d 364 (1974).

    Cited 4 timesPublished
  • Kelemon v. Reiber

    161 Pa. Super. 169 · Superior Court of Pennsylvania · Apr 22, 1947

    The board adopted the referee’s findings of fact and conclusions of law, and the order was affirmed both by the board and the lower court. The order must also be affirmed in this appeal. … Irwin v. Byllesby Eng. & Man. Corp., 119 Pa. Superior Ct. 449 , 179 A. 780 ; Blase v. Phila. & R.C. & I. Co., 115 Pa. Superior Ct. 381 , 175 A. 883 ; Motte v. Carnegie C. Co. et al., 114 Pa.

    Cited 6 timesPublished
  • DeBlasiis v. Bartell & Oliveto

    143 Pa. Super. 485 · Superior Court of Pennsylvania · Oct 14, 1940

    We have already ruled that an adjoining property owner is a ‘party aggrieved’ by a construction in violation of a zoning ordinance, and may appeal to the Board of Adjustment, or Board given authority to review the issuance … In the Ilollearn v.

    Cited 27 timesPublished
  • Kimelewski v. Commonwealth

    39 Pa. Super. 308 · Superior Court of Pennsylvania · Apr 19, 1909

    Justice Brown: “When a purchase is made in good faith, the fair and honest purpose of the vendor and vendee will not be defeated, if the conduct of the parties shows that there was an intention to transfer the possession … as well as the title and the vendee assumes such control of the property as ought reasonably to indicate a change of ownership:” White v.

    Cited 3 timesPublished
  • Ludwig's Estate

    74 Pa. Super. 250 · Superior Court of Pennsylvania · Apr 24, 1920

    Gordon, 9 Pa. 426 ; Com. v. Electric Co., 227 Pa. 7, p. 10; to enforce which liability was the purpose of the proceeding thus instituted by the administrators. … Superior Ct. 38 ; and reimburse the innocent purchaser for his expenses: Brown’s App., 68 Pa. 53 .

    Cited 1 timesPublished
  • Commonwealth v. Urbina

    290 Pa. Super. 117 · Superior Court of Pennsylvania · Aug 21, 1981

    At that point Officer Green took up the chase until he lost track of one of the boys at 50th and Brown Streets. … For example, Commonwealth v. Ryan, supra, and Commonwealth v. Everett, supra, seem to require a stronger showing of probable cause than does Commonwealth v.

    Cited 11 timesPublished
  • Kennedy v. Stauffer, Etc.

    107 Pa. Super. 5 · Superior Court of Pennsylvania · Apr 29, 1932

    In William Hill Co. v. … In Wills v.

    Cited 1 timesPublished
  • Morris v. Morris

    271 Pa. Super. 19 · Superior Court of Pennsylvania · Oct 5, 1979

    Braunfeld v. Brown, 366 U.S. 599 , 81 S.Ct. 1144 , 6 L.Ed.2d 563 (1961); Cantwell v. Connecticut, 310 U.S. 296 , 60 S.Ct. 900 , 84 L.Ed. 1213 (1940); Reynolds v. United States, 98 U.S. 145 , 25 L.Ed. 244 (1878). … E. g., McCollum v. Board of Education, 333 U.S. 203 , 68 S.Ct. 461 , 92 L.Ed. 649 (1948). See also, Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972); Prince v. Massachusetts, supra. 3 .

    Criticized by Zummo v. Zummo, 394 Pa. Super. 30 (1990)Cited 43 timesPublished
  • Tuttleman v. Beetem

    48 Pa. Super. 345 · Superior Court of Pennsylvania · Nov 13, 1911

    The estate is created at the time the lease is executed; not at the time named as the beginning of the term: Browne on Statute of Frauds, sec. 33; Taylor on Landlord and Tenant, sec. 30; 12 Modern Reports, 610; Boydell v. … Drummond, 11 East, 142; Chapman v. Gray, 15 Mass. 439 ; Whiting & Co. v. Opera House Co., 88 Pa. 100 ; Jennings v.

    Cited 1 timesPublished
  • Barlock v. Orient Coal & Coke Co.

    114 Pa. Super. 228 · Superior Court of Pennsylvania · Apr 23, 1934

    It is also conceded that, under the principles announced in Lente v. … Lente v. Luci, supra.

    Cited 14 timesPublished
  • Commonwealth ex rel. Mercer v. Banmiller

    193 Pa. Super. 411 · Superior Court of Pennsylvania · Nov 16, 1960

    Wilson v. Banmiller, supra, p. 532; Brown v. Allen, 344 U. S. 443 (1953). As “due process” is a concept which does not lend itself to precise definition, almost every conceivable contention is made in its name. … O’Niel v. Ashe, 337 Pa. 230 , 10 A. 2d 404 (1940); Commonwealth v. Green, 396 Pa. 137, 143, 144 , 151 A. 2d 241 (1959); Commonwealth v.

    Cited 5 timesPublished
  • Emporium Area Joint School Authority v. Anundson Construction & Building Supply Co.

    191 Pa. Super. 372 · Superior Court of Pennsylvania · Dec 17, 1959

    Seaboard Surety Co. v. Commonwealth, 345 Pa. 147, 151 , 27 A. 2d 27 (1942). … We said in Brobst v. City of Reading, 326 Pa. 627 , 629: “His contract was with the city of Reading, and not with its engineers or Board of public works . . .

    Reversed on other grounds by Emporium Area Joint School Authority v. Anundson Construction & Building Supply Co., 402 Pa. 81 (1960)Cited 15 timesPublished
  • Commonwealth v. Bodge

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

    See, e. g., Commonwealth v. Hubbard, 472 Pa. 259 , 372 A.2d 687 (1977); Commonwealth v. Brown, 250 Pa.Super. 504 , 378 A.2d 1262 (1977); Commonwealth v. Page, 246 Pa.Super. 380 , 371 A.2d 890 (1977); Commonwealth v. … Williams, 229 Pa.Super. 390 , 323 A.2d 862 (1974); Commonwealth v. Brown, 226 Pa.Super. 30 , 312 A.2d 428 (1973).

    Cited 1 timesPublished
  • Hercheck v. Donahoe's Inc.

    119 Pa. Super. 501 · Superior Court of Pennsylvania · Apr 30, 1935

    These findings are supported by competent evidence and were adopted by the board. The only conflict in the evidence is between certain statements made by the claimant and the testimony of the chef. … Neither of the cases cited and relied upon by the court below—Romesburg v. Gallatin Market et al., 114 Pa. Superior Ct. 388 , 174 A. 805 , and Rouleau v. P. *506 Hughes & Son et al., 100 Pa.

    Cited 6 timesPublished

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