Case law

O'Donnell v. Independence Life & Accident Insurance

229 Pa. Super. 259 · Superior Court of Pennsylvania · Jun 21, 1974

Even were it to be conceded that the meaning of any of its terms was really involved in doubt, that doubt, according to all established canons of construction, should be resolved in favor of the insured. … In Pennsylvania, the definition of the term “License,” supra, which under The Vehicle Code can only mean license to drive, clearly includes both learner’s permits and operator’s licenses.

In the Interest of D.Y.

2011 Pa. Super. 267 · Superior Court of Pennsylvania · Dec 13, 2011

Clearly the juvenile court in this case acted within its discretion in crediting the expert testimony of Fingerprint Technician Parson. … The Commonwealth qualified Mr. Parson, a fingerprint technician, as an expert in analyzing crime scene fingerprints. N.T., 4/1/09, at 19.

McCauley v. McCauley

184 Pa. Super. 361 · Superior Court of Pennsylvania · Oct 1, 1957

Plaintiff’s legal residence still is in Philadelphia and the lower court clearly had jurisdiction of the action. … And the record in its entirety clearly establishes that plaintiff was an innocent and injured spouse in seeking a divorce.

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.

Drexelbrook Associates v. Pennsylvania Public Utility Commission

206 Pa. Super. 121 · Superior Court of Pennsylvania · Dec 31, 1964

They were clearly a part of the indefinite public and not privileged individuals not subject to regulation. Overlook Development Co. v. P.S.C., 101 Pa. … We agree with the Commission that it was not established as a matter of law that the approval of the proposed transfer of facilities and customers from the supervision of the Public Utility Commission is necessary or proper

Gottlob v. Hillegas

195 Pa. Super. 453 · Superior Court of Pennsylvania · Jun 15, 1961

If this vital connection is not established by the record then the verdicts are justified. … Lister stated: “I am not qualified to talt about the heart itself”. His testimony with regard to causal connection was therefore strict en.

Walsh v. Snyder

295 Pa. Super. 94 · Superior Court of Pennsylvania · Nov 13, 1981

That an expert may, at some point during his testimony, qualify his assertion does not necessarily render his opinion inadmissibly speculative. Woods v. … The lower court’s interpretation of Offensend was clearly too restricted.

In re D.L.H.

2009 Pa. Super. 25 · Superior Court of Pennsylvania · Feb 10, 2009

On this record, we conclude that the evidence was clearly inadequate to establish, through clear and convincing proof, that refusing mechanical ventilation was (or could be) in D.L.H.’s best interest. … The record fails to establish that D.L.H., during his medical treatment, experienced any significant amount of pain.

Commonwealth v. Dagnon

413 Pa. Super. 281 · Superior Court of Pennsylvania · Mar 19, 1992

Our standard for reviewing the propriety of a trial court’s decision to suppress evidence is well-established. In Commonwealth v. … Since 75 Pa.C.S. § 1547(c)(2) indicates that only blood alcohol tests performed by clinical laboratories are admissible in prosecutions for driving under the influence, these regulations clearly impacted upon such testing

Commonwealth v. Showers

2001 Pa. Super. 242 · Superior Court of Pennsylvania · Aug 20, 2001

witness, to cross examine Diane Showers as a hostile witness, limiting defense counsel's cross examination to matters that were granted in the use immunity, and failing to compel the Commonwealth to give use immunity for … The records were used by the Commonwealth to establish a financial motive for appellant to kill her husband. Mr.

Commonwealth v. Glasco

241 Pa. Super. 484 · Superior Court of Pennsylvania · Jun 28, 1976

Rose, 457 Pa. 380 , 321 A.2d 880 (1974), renders this charge clearly erroneous. … This proffered testimony from Robinson did not qualify the appellant for relief under 19 P.S. § 1180 — 3(c)(13).

Reed v. Boozer

693 A.2d 233 · Superior Court of Pennsylvania · Apr 25, 1997

Barwick was qualified as an expert in blood testing, and was accepted as such by the court (N.T., 11/30/94, p. 6). Further, Dr. Barwick testified as follows: Q. … The facts of this ease clearly present a matter for determination by a jury and which would not permit the court to direct a verdict for appellee/plaintiff.

Pittsburgh Outdoor Advertising Co. v. Surowski

164 Pa. Super. 383 · Superior Court of Pennsylvania · Nov 12, 1948

The testimony clearly establishes plaintiff’s title'to the land. The controlling narrow question is whether the court *385 violated the principle of Nanty-Glo Boro. v. Amer. … One .was made, by á qualified registered surveyor at plaintiff’s instance; the other survey was made by an impartial registered engineer appointed for the purpose, by the. court.

Bailey v. Storlazzi

1999 Pa. Super. 97 · Superior Court of Pennsylvania · Apr 28, 1999

Plaintiff was not required to aver that others had been granted leaves when they requested time to serve a prison sentence. ¶ 17 Appellant, in his amended complaint, has clearly stated the facts necessary to establish a prima … CONCLUSION: ¶ 28 Appellant’s amended complaint is legally sufficient to establish a prima facie case of discriminatory discharge.

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

2020 Pa. Super. 229 · 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.

Selective Way Ins. Co. v. MAK services, Inc.

232 A.3d 762 · Superior Court of Pennsylvania · Apr 24, 2020

Nixon, 682 A.2d 1310, 1314 (Pa.Super. 1996) (holding that a reservation of rights letter sent two months after a potentially qualifying accident adequately reserved the right to raise a policy exclusion). … which would result in non- coverage as in establishing facts showing the insured’s non-liability.”).

Commonwealth v. Bagley

296 Pa. Super. 43 · Superior Court of Pennsylvania · Feb 26, 1982

The instant case is clearly distinguishable from the Wright case in that the Commonwealth here introduced into evidence only eleven packets (albeit each of greater weight), less than half of the number of packages of heroin … Here, although the Commonwealth exerted a determined effort to qualify the officers who arrested Bagley as experts in the field of narcotics, it did not succeed.

Sumption v. Rogers

53 Pa. Super. 109 · Superior Court of Pennsylvania · Feb 27, 1913

On the contrary, when the incongruities that had resulted under the former laws are considered, and it is remembered that all these laws were repealed and a complete and exclusive system in itself was established in their … The controlling principle was very clearly shown by Justice Green in Grier v. Northern Assurance Co., 183 Pa. 334, 348, 349 .

Schwartz Case

219 Pa. Super. 245 · Superior Court of Pennsylvania · Mar 23, 1971

If the appointing authority will not act, the Charter clearly provides a remedy. … Clearly, the word “conviction” refers to a misdemeanor conviction pursuant to Section 10-109, infra.

Com. v. Robison, D.

Superior Court of Pennsylvania · Jun 29, 2023

The court asked ADA Burns why this “clearly relevant” letter was not provided to the defense and he responded: “Well, I apologize for that. … Instantly, we conclude that the prosecutor’s misconduct here was neither intentional nor qualified as the type of overreaching necessary to grant Robison the requested relief.