Case law

Reeser v. NGK North American, Inc.

2011 Pa. Super. 17 · Superior Court of Pennsylvania · Jan 24, 2011

Only individuals who have been exposed to beryllium and have a specific immune response to it, similar to an allergy, can develop CBD. See Pohl v. … This ‘undertaking’ can be established by contract or by affirmatively assuming responsibility for the safety of third persons ...

US Bank National Assoc. v. Finkel, L.

2017 Pa. Super. 158 · Superior Court of Pennsylvania · May 23, 2017

, the party shall specify so much of it as is true and qualify or deny the remainder.” … Thus, the documents clearly revealed that two persons were purchasing the property, only one of whom was obligated under the mortgage.

Lacey v. Montgomery

181 Pa. Super. 640 · Superior Court of Pennsylvania · Jul 17, 1956

Black’s Law Dictionary (3rd Ed.) defines a base fee as “a determinable or qualified fee; an estate having the nature of a fee, but not a fee simple absolute.” … The right of way of a railroad company, whatever its established width, as soon as acquired, is impressed with a public use. It constitutes a public highway.

Commonwealth v. Saunders

2008 Pa. Super. 60 · Superior Court of Pennsylvania · Apr 4, 2008

establish a prima facie case of improper use of peremptory challenges. … Cobiscello should be qualified as an expert. ¶24 Moreover, we note that, after Mr.

Raymond, K. & Hannis, B. v. Raymond, M.

279 A.3d 620 · Superior Court of Pennsylvania · Jul 20, 2022

The court ultimately concluded that the Grandparents failed to establish standing under either Section 5324(3) or (4). … Great-Aunt would have us rule that once a testamentary guardian obtains custody of a child, that guardian is immune from third-party custody actions.

Penn-Harris Hotel Co. v. Pa. P. U. C.

166 Pa. Super. 394 · Superior Court of Pennsylvania · Nov 15, 1949

Penn-Harris is qualified to litigate the questions herein raised. It utilizes Bell's semi-public branch exchange service. … Clearly the definition does not cover contracts, such as here involved, which relate to services rendered to the utility and for which the utility expends money.

Commonwealth v. Plucinski

2005 Pa. Super. 38 · Superior Court of Pennsylvania · Jan 28, 2005

He testified as follows: The other issue I wanted to look at clearly is whether a relationship here had been established or promoted with any kind of intent. … He also talked about feeling like he could talk to her and she could understand him better, and there was this emotional connection that existed, and he was clearly establishing an other than fatherly relationship and promoting

Commonwealth v. Wertelet

696 A.2d 206 · Superior Court of Pennsylvania · Jun 25, 1997

. § 2702(a)(3), nor will it provide immunity for any other offense that is committed in the process of resisting arrest. … Rowlands responded by filing a writ of habeas corpus arguing that the Commonwealth had not established a prima facie case.

Muldoon Unemploy. Comp. Case

170 Pa. Super. 625 · Superior Court of Pennsylvania · Jul 17, 1952

We further feel that neither a strike in breach of a company-union agreement nor a strike not sanctioned by the union at the employer's establishment can be characterized as willful misconduct. … Nothing in the Act indicates that § 402(d) was intended to immunize an employe during a work stoppage in a labor dispute from the consequences of his willful misconduct connected with his work involving flagrant breach of

In the Int. of: T.Q.B., a Minor

286 A.3d 270 · Superior Court of Pennsylvania · Nov 14, 2022

In J.P.W.G., the appeal concerned the Liquor Control Board’s imposition a fine on a licensee for permitting a topless dancer in its establishment and the Commonwealth Court determined the dancer’s nudity qualified as “ … The evidence, including the video, clearly established that Appellant orchestrated and repeatedly pressured A.D. to lift up her shirt and reveal a portion of her breasts on a social media application, which was then viewed

Commonwealth v. Green

2017 Pa. Super. 243 · Superior Court of Pennsylvania · Jul 24, 2017

-3- J-S20010-17 when the defendant has not clearly conveyed one way or the other whether he wishes to appeal. Id. … Flores-Ortega established that a court must first assess whether consultation has occurred; if so, deficient performance is established only if counsel failed to file a requested notice of appeal.

Schott v. Pennsylvania Railroad

76 Pa. Super. 582 · Superior Court of Pennsylvania · Jul 14, 1921

It is made clearly to appear in the opinion of Mr. … No case even qualifies the conclusion stated, where the employee is being transported as part of the compensation for his services, unless it is Knorr v.

Com. v. Marmillion, M.

Superior Court of Pennsylvania · Nov 12, 2024

It is the defendant who carries the burden of proof to establish she is entitled to immunity under the Act. See Commonwealth v. Lehman, 231 A.3d 877 (Pa. 2020). … Even though the Act potentially provides immunity for Marmillion’s possession of a controlled substance charge, she has failed to establish the trial court erred by failing to grant her immunity for that offense under the

Commonwealth ex rel. Burgess & Town Council v. Mahon

12 Pa. Super. 616 · Superior Court of Pennsylvania · Feb 16, 1900

Brand, the duly qualified collector of taxes for the year beginning April 1, 1890. … The record as it stands, however, shows Avho are the beneficial plaintiffs, and the statement alleges the facts which clearly establish their right to recover.

American Fruit Machinery Co. v. Hanscom

46 Pa. Super. 151 · Superior Court of Pennsylvania · Mar 3, 1911

This recommendation, which was stipulated as part of the consideration of the machine, was inclosed in a letter which qualified or denied that the machine was satisfactory to the defendants. … Was the verbal expression of satisfaction by the defendants, as testified to by the president of the plaintiff company and one of its employees, and denied by the defendants, satisfactorily established?

Commonwealth v. Asamoah

2002 Pa. Super. 43 · Superior Court of Pennsylvania · Feb 21, 2002

Therefore, the court concluded that the defense was not proven by appellant. ¶ 9 Respectfully, we disagree with the learned trial judge as we believe that recent experience in our society clearly demonstrates that there is … Accordingly, 35 P.S. § 780-113(a)(35)(v) immunized from prosecution: 1) law enforcement officers in their legitimate activities; 2) processors of placebos for accepted usages; 3) medical and pharmaceutical professionals who

Commonwealth v. Conard

206 Pa. Super. 33 · Superior Court of Pennsylvania · Jun 17, 1965

Such cross-examination was permitted for the purpose of impeaching appellant’s credibility and for no other purpose and so the trial judge clearly told the jury. … Harbach was uncertain as to some of the testimony at the prior trials but she never at any time in any way weakened or qualified her testimony identifying the appellant.

Collins v. Philadelphia & Reading Railway Co.

63 Pa. Super. 371 · Superior Court of Pennsylvania · Jul 18, 1916

hole and- of the position and movement of the truck, and the sensations he experienced at the very time are considered, it would be refinement almost to the limit of absurdity to declare as matter of law that he was not qualified … The sufficiency of the testimony to establish the fact which is at the foundation of the plaintiff’s case is further attacked upon the ground that it presented two *375 other possible canses of the accident, which were not

Commonwealth v. Brown

447 Pa. Super. 454 · Superior Court of Pennsylvania · Dec 29, 1995

Our supreme court has stated that “the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of … Instead, the prosecutor must demonstrate that a clearly defined policy has been established that can be uniformly applied to such complaints.

M.E.W. v. W.L.W.

240 A.3d 626 · Superior Court of Pennsylvania · Sep 18, 2020

Father is an ophthalmic surgeon and a partner in [an established Ophthalmic LLC]. … guidelines, our jurisprudence nevertheless clearly limits a court’s discretion to do so to instances where it is necessary to avoid an unjust or inappropriate result.