Case law

Sawko v. Sawko

425 Pa. Super. 450 · Superior Court of Pennsylvania · May 21, 1993

This situation is clearly distinguishable from Hill v. … Therefore, father was not immunized from further prosecution and his fifth amendment claim was a valid one.

Commonwealth v. Cauffiel

79 Pa. Super. 596 · Superior Court of Pennsylvania · Oct 25, 1922

Whenever we subject the established courts of the land t'o the degradation of private prosecution, we subdue their independence, and destroy their authority. … Says Justice Cooley: “Whenever, therefore, the state confers judicial powers upon individuals, it confers them with full immunity from private suits.

Commonwealth v. Jermyn

101 Pa. Super. 455 · Superior Court of Pennsylvania · Oct 22, 1930

Miller’s machines enjoyed almost complete immunity *465 from police interference for two and one-half years. … The evidence tended to support the Commonwealth’s theory that the Miller machines enjoyed immunity from police interference.

Krasevic v. Goodwill Industries of Central Pennsylvania, Inc.

2000 Pa. Super. 348 · Superior Court of Pennsylvania · Nov 16, 2000

Under the Act, the employer, in exchange for immunity from suit by injured employees, provides certain compensation to the employees without regard to fault. See 77 P.S. §§ 481(a), 1403; Bar *565 ber v. … However, we do not believe that the Act requires Employer to establish such animosity.

Scherer v. Nase

405 Pa. Super. 37 · Superior Court of Pennsylvania · May 30, 1991

That lack of success, however, must clearly relate to the facts established in the record. … THE WITNESS: That we discussed whether they would qualify, I gave them basically what their ratios are and I said, you will qualify but you will have to sell your other *54 property because you will not be able to qualify

Commonwealth v. Holmes

2017 Pa. Super. 2 · Superior Court of Pennsylvania · Jan 4, 2017

Clearly, under the CVA, a parent may be compensated as a “family member” or as the parent/legal guardian of a minor child in a representative capacity. … The Crime Victims Act provides a scheme for protecting victims’ rights and establishing remedies, such as compensation from various funds.

Esbenshade v. Department of Public Instruction

181 Pa. Super. 232 · Superior Court of Pennsylvania · Jul 17, 1956

Clearly the lower court had no power to issue this writ. We repeat what was so well said on this subject by President Judge Rice in Nobles v. Piollet, 16 Pa. … and similar inferior courts not of record that might be established under the power reserved to the legislature in the first section of the judiciary article.

Crews v. Seven Springs Mountain Resort

2005 Pa. Super. 138 · Superior Court of Pennsylvania · Apr 18, 2005

Clearly, with due care on defendant’s part, this risk could have been eliminated. Id. at 805. … For the same reasons, an underage drinker on a snowboard does not qualify as an "other risk in the sport of skiing.” (See lift ticket language, supra, at note 3). .

Brown v. Brown

281 Pa. Super. 283 · Superior Court of Pennsylvania · Oct 3, 1980

Clearly, therefore, the counter-claim of appellant Mary Jo Brown is not affected by the Order of April 4, 1979. … Abandonment of the action by the parties does not in and of itself effect a discontinuance.76 Discontinuance, even more so than in any other action, has never been a matter of right, but a qualified privilege exercisable

Commonwealth v. Dessus

262 Pa. Super. 443 · Superior Court of Pennsylvania · Aug 13, 1979

Co., 327 F.2d 142 (3d Cir. 1964) have held that letters from physicians, presented to employers for the purposes of filing employee benefits claims, “clearly [do] not qualify as . business record[s] within the meaning of … Appellant also questions the sufficiency of evidence used to establish that, he was serving a life sentence. We find this argument meritless, because it was clearly shown that he was imprisoned for life.

Kittanning Country Club's Liquor License Case

124 Pa. Super. 582 · Superior Court of Pennsylvania · Oct 26, 1936

A hearing is clearly contemplated by this statute, otherwise the right of appeal would be useless. … President Judge Keller there simply stated that a rule should be granted “if required to establish facts averred in the petition.”

Commonwealth v. Fisher

426 Pa. Super. 391 · Superior Court of Pennsylvania · May 17, 1993

Appellant’s act clearly falls within the statute’s provisions in that appellant requested another person (the informant) to engage in conduct (sell drugs) which would constitute a crime. … See Model Penal Code § 5.04 note on immunity as an accomplice (TentJDraft No. 10 1960).

In Re Adoption of C.C.G.

2000 Pa. Super. 338 · Superior Court of Pennsylvania · Nov 8, 2000

City of Erie, 553 Pa. at 363 , 719 A.2d at 281 (citations omitted). ¶ 12 Appellants’ attempt at establishing a de facto family, which would qualify for adoption under Section 2903, is unavailing. … Clearly, Appellants cannot be the "spouse” of one another since the Pennsylvania legislature has outlawed same-sex marriages. 23 Pa.C.S.A. § 1704. .

Tsarnas v. Jones & Laughlin Steel Corp.

262 Pa. Super. 417 · Superior Court of Pennsylvania · Dec 28, 1978

‘An Act of Assembly will not be declared unconstitutional unless it clearly, palpably and plainly violates the Constitution.’ . . . … The right of contribution among joint tortfeasors is established by statute. See 12 P.S. § 2083.

Friess v. Friess

156 Pa. Super. 38 · Superior Court of Pennsylvania · Mar 13, 1944

This is the case substantially proven by the libellant; respondent denies or qualifies every important accusation. … Under all the testimony we are not convinced that sufficient cause has been established to warrant a decree.

Com. v. Bowmaster, R.

Superior Court of Pennsylvania · Sep 17, 2014

This area is clearly open to the public, as anyone desiring to make a delivery and Id. at 3-4 ¶ 12. … Clearly, the facts of the instant case are markedly different from the situation in Berkheimer.

DiFrancesco v. Excam, Inc.

434 Pa. Super. 173 · Superior Court of Pennsylvania · May 10, 1994

Testimony found to be credible by the jury established that the hammer of the gun could be placed in a false half-cocked position which was not described in the instruction manual. … Clearly, competent evidence was offered which supports the jury’s determination that the pistol was defective in design and manufacture.

Commonwealth v. Jurczak

2014 Pa. Super. 31 · Superior Court of Pennsylvania · Feb 21, 2014

DiMauro, 434 Pa.Super. 129 , 642 A.2d 507 (1994) (where defendant who pled guilty to aggravated assault was sentenced to house arrest with electronic monitoring, we held that because 42 Pa.C.S.A. § 9763 clearly excludes those … Instead, it delineated several options open to qualified defendants.” Sarapa, 13 A.3d at 964 .

Job's Estate

23 Pa. Super. 611 · Superior Court of Pennsylvania · Dec 19, 1903

That the nominee of the other heirs is a disinterested and capable person, well qualified to discharge the duties of the trust. … It was, therefore, clearly the duty of the register to grant letters to one or more of the parties competent to administer, entitled to a portion of the residue of the estate.

Wexler v. Hecht

2004 Pa. Super. 95 · Superior Court of Pennsylvania · Apr 5, 2004

Sowell, 2003 PA Super 432, ¶ 7 , 839 A.2d 359 . ¶ 11 It is undisputed that expert testimony was necessary both to establish the standard of care for the surgical procedure at issue, and to establish that Dr. … Bd. of Assessment, 803 A.2d 833, 842 (Pa.Cmwlth.2002) ("It is well established that a statute must be construed prospectively unless the legislature intends that it operate retrospectively and expresses this intent so clearly