Case law

Commonwealth v. McDermott

152 Pa. Super. 208 · Superior Court of Pennsylvania · Mar 8, 1943

Fifteen of them had moved from the district and were not qualified to vote. None of the defendants who testified denied that illegal votes were cast. … Of course, one of the invariable primary requisites is that the jury shall clearly understand the exact issues involved.

Jefferson v. Perry

432 Pa. Super. 651 · Superior Court of Pennsylvania · Apr 5, 1994

However, we qualified the above by stating that the principle came into play only if the father was aware of non-paternity. … A review of the transcript clearly reveals that appellant’s testimony in that regard referred to the time period in the year and one-half preceding the July 16, 1992 hearing.

Com. v. Robinson, M.

2026 Pa. Super. 49 · Superior Court of Pennsylvania · Mar 17, 2026

While “over the past couple years” was not further defined, clearly the officer’s information was fairly recent. … However, we find the information sufficient to qualify the area as high crime, just as the trial court did.

Commonwealth v. Zwierzelewski

177 Pa. Super. 141 · Superior Court of Pennsylvania · Jan 14, 1955

Their compulsory presence in the institution prior to the disturbance in no *147 way rendered them incapable of, or legally immune from criminal liability for, taking active part in a disturbance which amounted in law to … It is difficult to imagine concerted action which more clearly comes within the definition of common law riot. That the conduct took place in a penitentiary does not absolve appellants or change the result.

Commonwealth v. Wallace

433 Pa. Super. 518 · Superior Court of Pennsylvania · May 5, 1994

A person qualified and trained to translate for or communicate with deaf persons. … (Emphasis ours) Clearly, the language of these sections is mandatory. State v. Barber, supra. 2 .

Commonwealth v. Sloan

414 Pa. Super. 400 · Superior Court of Pennsylvania · Apr 22, 1992

In Crum , no other evidence was presented to establish intoxication besides the test results. … Clearly, the certificate of calibration, when offered into evidence with a certificate of accuracy, shall be presumptive evidence only of the completion of the proper testing for accuracy of the breath test equipment. *416

Chambers v. Reinhold

33 Pa. Super. 266 · Superior Court of Pennsylvania · Mar 11, 1907

Reinhold duly qualified as administrator c. t. a. of his estate. Thomas P. Moore died testate on March 18, 1898, and his widow, Emma D. Moore, qualified as executrix of his last will and testament. … common pleas, is established by numerous cases.

In Re: Capper, M., Appeal of: Capper, M.

Superior Court of Pennsylvania · Feb 27, 2024

immunity by violating my civil rights. … I notified Corporal Lawson, who can be viewed in the video with me telling him, you know, that he was going to lose his qualified immunity and that I could sue him personally for what he was doing.

Lebanon Coach Co. v. Carolina Casualty Insurance

450 Pa. Super. 1 · Superior Court of Pennsylvania · Apr 10, 1996

The “motor vehicle” exception to immunity does not apply to these facts.... (Trial Court Opinion at 7) (citing Lehman v. … The trial court stated [tjhe Lehmans claim that Lebanon Coach ‘established an unsafe bus route,' 'failed to establish a safe place for pick up, transportation and delivery of children,’ 'failed to discharge the minor Plaintiff

Callahan v. National Railroad Passenger Corp.

2009 Pa. Super. 132 · Superior Court of Pennsylvania · Jul 14, 2009

Gallagher clearly possessed the sort of specialized knowledge which was helpful to assist the jury in resolving the issues in this case. The mere facts that Mr. … Gallagher was not qualified are easily distinguishable in addition to lacking precedential authority.

Borough of Huntingdon v. Dorris

78 Pa. Super. 469 · Superior Court of Pennsylvania · Mar 3, 1922

construction, if possible, as will give effect to each; they are within the reason of the rule governing statutes in pari materia — each is supposed to speak the mind of the same legislature and the words used in each should be qualified … As it was clearly within the power of the legislature to prescribe the specific effect of the plaintiff’s lien and to cure any defects therein, and as this has been definitely accomplished by the Act of May 28th, it would

HOWE v. Smith

203 Pa. Super. 212 · Superior Court of Pennsylvania · Apr 14, 1964

If it was the intent of the legislature to authorize the chiropractor to diagnose generally it certainly did not spell it out as clearly as it could have and should have. … If the chiropractors believe that they are trained and qualified to diagnose diseases without restriction, they should ask the legislature to grant them that right rather than seek to have the courts confer it upon them by

Foyle v. Commonwealth

101 Pa. Super. 412 · Superior Court of Pennsylvania · Dec 8, 1930

defined and established. … , provides that the school directors of each county in which a county superintendent is to be elected shall meet in convention at a time and place fixed by the act and by a majority vote of those present, elect one duly qualified

Mohler v. Jeke

407 Pa. Super. 478 · Superior Court of Pennsylvania · Aug 7, 1991

In order to qualify for this type of care and be admitted to a personal care home a person must have a certificate from a licensed physician stating that he does not require the services of an intermediate care or skilled … These claims are clearly unsupported by the evidence. The attendant in this instance was aware of Mr. Mohler’s attempt to leave the facility, and attempted to stop him.

Com. v. Smith, N.

2026 Pa. Super. 10 · Superior Court of Pennsylvania · Jan 15, 2026

Simply put, the jury found [the victim’s] testimony that Appellant had sexual contact with her credible, and that testimony clearly proved every element of the charged crimes. … , and has [qualified previously] as an expert in domestic violence in Maryland.

Com. v. Ross, A.

297 A.3d 787 · Superior Court of Pennsylvania · Jun 20, 2023

Our standard of review is restricted to establishing whether the record supports the suppression court’s factual findings; however, we maintain de novo review over the suppression court’s legal conclusions … Importantly, not all inquiries during a traffic stop qualify as ordinarily incident to the stop’s mission, as measures aimed at finding evidence of other crimes or safety precautions taken to facilitate detours from the

Com. v. Nikonowicz, T.

2025 Pa. Super. 243 · Superior Court of Pennsylvania · Oct 28, 2025

Our Supreme Court has directed that Rule 313 “is to be construed narrowly, and we require every one of its three prongs be clearly present before collateral appellate review is allowed.” Rae v. … The remaining claim argues that the evidence presented was insufficient to establish that he was incompetent.

Lehigh Valley Railroad v. Frank

39 Pa. Super. 624 · Superior Court of Pennsylvania · Jul 14, 1909

That is the sum total of the evidence on that proposition, and I say to you as a matter of law the railroad has not established its immunity from adverse possession under *629 the legal principle which it invokes.' … At that time the defendant's predecessor in title clearly indicated the possession of the strip in dispute by a fence, which was notice to all tbie world of the claim thereto.

RCKA Investments LLC v. Johnson, C.

281 A.3d 328 · Superior Court of Pennsylvania · Aug 11, 2022

[Appellant] is clearly in violation of the court’s order. [Appellant]’s violation of the case management order is persistent and ongoing. … Although the order states that a tenant must pay money into an escrow account, it qualifies this language by stating that this requirement is to ensure that the tenant can remain in the property until the appeal is decided

Pennsylvania Telephone Corp. v. Pennsylvania Public Utility Commission

153 Pa. Super. 316 · Superior Court of Pennsylvania · Apr 27, 1943

But the fact remains that according to the undisputed testimony of witnesses best qualified to judge, the practical operation and the benefits from the device have been proven. … However, it is clearly indicated that it is essential that uninterrupted service be available to certain subscribers who have a need for such service in their particular use of local telephone service.