Case law

Morosetti v. Louisiana Land & Exploration Co.

371 Pa. Super. 68 · Superior Court of Pennsylvania · Dec 31, 1987

The evidence clearly established that despite the lack of specific publication of the fact by Defendants, the existence of a severance pay entitlement was a matter of wide knowledge among employees entitled to receive that … In essence, the Plaintiffs’ rights in this case all evolved from the established severance pay policy of their employer.

Com. v. Bostian, B.

232 A.3d 898 · Superior Court of Pennsylvania · May 14, 2020

Our Supreme Court explained the clearly erroneous exception as follows. … Super. 2019), to support the application of the clearly erroneous exception to the coordinate jurisdiction rule. See Commonwealth Brief at 13-14.

Harrisburg v. Harrisburg Gas Co.

31 Pa. Super. 530 · Superior Court of Pennsylvania · Oct 5, 1906

Secondly, but the rule being founded on a presumption of legislative intent, will not apply when a contrary intent is clearly apparent. … When the legislative intention to provide a uniform system for all subjects to which it relates clearly appears, no repealing' words are necessary: Chalfant v.

Commonwealth v. Phillips

700 A.2d 1281 · Superior Court of Pennsylvania · Aug 19, 1997

This time period is clearly significant. … In Loe-per, our Supreme Court was very careful to qualify its decision.

Herrington v. Hill

60 Pa. Super. 202 · Superior Court of Pennsylvania · Jul 21, 1915

son who was not a licensed driver at all, and who was not qualified to secure a driver’s license under ordinary circumstances because of his extreme youth. … We cannot per *209 ceive how the introduction of this testimony violated any established rule of evidence or wrongfully prejudiced the case of the defendant. The assignments cannot therefore be sustained.

Philadelphia & Gulf Steamship Co. v. Clark

59 Pa. Super. 415 · Superior Court of Pennsylvania · Apr 19, 1915

L. 109, or by the act of July 12, 1913, establishing that court, and the rules adopted pursuant to its provisions. … Clearly the business, including the necessary incidents referred to, was interstate commerce, and under the facts so far stated, was. exclusively such.

Winthrop & Co., Inc. v. Milgrom

447 Pa. Super. 140 · Superior Court of Pennsylvania · Dec 6, 1995

This finding is clearly erroneous based on the record developed to this point. … Nothing in either the Agreement or appellant’s complaint supports a finding that appellant at any time represented to appellees either orally or in writing that it was qualified as a real estate broker.

Pollard v. Lord Corp.

445 Pa. Super. 109 · Superior Court of Pennsylvania · Sep 8, 1995

The court went on to explain that if causation was established, the exclusivity provision of the WCA would bar Pollard’s common law action; if causation was not established, then Pollard’s negligence action would also, necessarily … Supreme Court explained: Under the Occupational Disease Act, only the specifically enumerated occupational disease or diseases which pass a three-part test, 77 P.S. § 1208, bring statutory benefits for the employee and tort immunity

Kyle v. McCARRON

201 Pa. Super. 403 · Superior Court of Pennsylvania · Jun 12, 1963

McCarron qualified for an operator’s license by filing a certificate of insurance. … In the first place, only a limited number of operators are required by law to establish financial responsibility.

Mercersburg, Lemasters & Markes Electric Co. v. Public Service Commission

76 Pa. Super. 58 · Superior Court of Pennsylvania · Mar 5, 1921

When the hearing came on manifestly the burden was upon the utility company to establish, by the preponderance of proof, that the proposed increase in rates was reasonable. … He amply qualified bimself to testify as to the value of the property in question.

Hangey, R. v. Husqvarna Professional Products

2021 Pa. Super. 37 · Superior Court of Pennsylvania · Mar 8, 2021

, and that the sale of business generated for the defendant by the Philadelphia-based tour company was “far too small to qualify as ‘general or habitual’” and therefore did not establish sufficient quantity. … The law clearly requires both quality and quantity of contacts, and they are distinct.

Richie v. Philadelphia

37 Pa. Super. 190 · Superior Court of Pennsylvania · Oct 12, 1908

Under the act of February 2, 1854, the qualified voters of each ward in the city of Philadelphia were authorized to elect two assessors who were required to perform in their respective wards all the duties which the laws … The discussion in the opinion clearly shows that the section we are considering is applicable to the office of a city councilman. In Houseman v.

Commonwealth v. Frye

2006 Pa. Super. 288 · Superior Court of Pennsylvania · Oct 12, 2006

This circumstance was clearly beyond the control of the Commonwealth and constitutes excusable delay. ¶ 16 Another delay not qualifying as excludable time occurred when DNA test results from the laboratory were still *859 … The Commonwealth continuance under this circumstance qualifies as excusable delay. ¶ 18 Finally, the Commonwealth again stood ready for trial on November 29, 2004, one day before the run date, but the court was still presiding

Jones v. Trojak

402 Pa. Super. 61 · Superior Court of Pennsylvania · Jul 29, 1991

Traditionally, courts have permitted the presumption to be overcome only by evidence which clearly and convincingly establishes “non-access or that the husband was impotent or had no sexual intercourse with his wife at any … The proper procedure for proving paternity blood test results is established by Section 6134 of the Uniform Act which states as follows: The tests shall be made by experts qualified as examiners of blood types, who shall

Commonwealth v. Strunge

287 Pa. Super. 212 · Superior Court of Pennsylvania · May 15, 1981

Hildebrandt was qualified as an export witness, but a witness may, as a general rule, relate his observations as to the personal appearance and condition of a witness during the course of a statement. 2 Wharton, Criminal … It is well established that the court is free to select its own form of expression, so long as the issue is adequately, accurately and clearly presented to the jury. Commonwealth v.

In re S.M.

418 Pa. Super. 359 · Superior Court of Pennsylvania · Oct 1, 1992

However, the J.P. court was unable to establish a precedential standard for defining effective counsel. … Appellants’ generalized contention that counsel failed to prepare for the adjudicatory hearing is clearly without merit.

Freezer Storage, Inc. v. Armstrong Cork Co.

234 Pa. Super. 441 · Superior Court of Pennsylvania · Jun 24, 1975

Reviewing the constitutionality of an Act of Assembly we are guided by well established principles. An Act is cloaked with a strong presumption of constitutionality, Lemon v. … Kurtzman, 411 U.S. 192 (1973), and “will not be declared unconstitutional unless it clearly, palpably and plainly violates the Constitution.” Daly v.

Commonwealth v. DiPanfilo

2010 Pa. Super. 59 · Superior Court of Pennsylvania · Apr 16, 2010

If the person refuses to submit to a blood test, that subsection is clearly inapplicable. … Appellant argues at some length that Officer Duffy improperly provided an expert opinion without first being qualified as an expert. Appellant’s Brief at 28-30.

Commonwealth v. Minnis

312 Pa. Super. 53 · Superior Court of Pennsylvania · Mar 18, 1983

Appellant contends that the evidence was insufficient to establish his identity as a participant in the robbery. … It is certainly clearly established that counsel must be present at any identification procedure after an arrest so as to ensure the elimination of suggestiveness from such procedures; and, it is just as clearly established

Pennsylvania Telephone Co. v. Hoover

24 Pa. Super. 96 · Superior Court of Pennsylvania · Jan 21, 1904

The adjective evidently qualifies roads, streets and highways. … , except in the neighborhood of deep cuttings or high embankments, or places selected for sidings, turnouts, depots, engine, or water stations, to exceed sixty feet in width, and thereon to laydown, erect, construct and establish