Category: Pennsylvania Supreme Court Opinions

786 A.2d 986 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DARNELL HOLLAND, Petitioner. No. 200 EAL 2001.Supreme Court of Pennsylvania, Eastern District. September 14, 2001. No. 200 EAL 2001, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 14th day of September, 2001, the Petition for Allowance of […]

258 A.2d 865 Kotwasinski et al., Appellants, v. Rasner (et al., Appellant). Supreme Court of Pennsylvania.April 30, 1969. November 11, 1969. Negligence — Immunity from liability — Construction of exculpatory agreements — Immunity from liability for past negligence — Action by commercial tenants of loft building against owners, other tenant, and agent. 1. Where a […]

644 A.2d 731 DISPOSITIONS OF PETITIONS FOR ALLOWANCE OF APPEAL Supreme Court of Pennsylvania. March/April 1994. Allocatur Disposition Lower Court Docket and Appeal Docket orTitle Date Number Docket Citation______________________ _______ _________ ___________ ___________________ Com. v. Kayler[*] …. 4/12/94 0567 Denied 433 Pa. Super. 610 W.D. 636 A.2d 1212 (1993) Com. v. Klein[*] ….. 4/25/94 0737 […]

954 A.2d 578 Kozel v. W.C.A.B. (U.S. Airways, Inc.). No. 478 WAL (2007).Supreme Court of Pennsylvania. July 10, 2008. Appeal from the Commonwealth Court No. 1784 CD 2006. Dispositions of Petitions for Allowance of Appeals. DENIED. Denied.

72 A.2d 568 Commonwealth v. Fisher, Appellant. Supreme Court of Pennsylvania.Argued January 4, 1950. April 10, 1950. Deeds — Reservation — Mineral rights — Coal — Construction — Strip mining — Modern methods and equipment not anticipated — Surface support — Rights — Release — Equity — Jurisdiction — Bituminous Coal Open Pit Mining Conservation […]

957 A.2d 273 INDIANA AREA SCHOOL DISTRICT, Appellant v. INDIANA AREA EDUCATION ASSOCIATION, Appellee. No. 30 WAP 2007.Supreme Court of Pennsylvania.Argued: March 5, 2008. Decided: October 21, 2008. Appeal No. 30 WAP 2007 from the Order of the Commonwealth Court, 917 A.2d 366 (Pa.Cmwlth. 2007) entered February 20, 2007 at No. 2222 CD 2005, reversing […]

270 A.2d 397 Franco v. Driscoll Construction Co., Inc., Appellant. Supreme Court of Pennsylvania.April 30, 1970. October 9, 1970. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ. Appeal, No. 295, Jan. T., 1970, from judgment of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1962, No. 453, in case […]

847 A.2d 1277 COMMONWEALTH OF PENNSYLVANIA, Respondent v. KEITH BARTELLI, Petitioner. No. 643 EAL 2003.Supreme Court of Pennsylvania, Eastern District. March 31, 2004. No. 643 EAL 2003, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 31st day of March 2004, the Petition for Allowance of Appeal […]

285 A.2d 499 Commonwealth v. Young, Appellant. Supreme Court of Pennsylvania.November 11, 1971. December 29, 1971. Criminal Law — Attempt with intent to kill — Elements of offense — Act of June 24, 1939, P. L. 872, § 711. Under § 711 of the Act of June 24, 1939, P. L. 872, which defines an […]

980 A.2d 60 Com. v. Spivey. No. 675 EAL 2008.Supreme Court of Pennsylvania, Eastern District. September 15, 2009. Appeal from the Superior Court, Pa.Super., 964 A.2d 948. Dispositions of Petitions for Allowance of Appeals Denied.

956 A.2d 435 Ertwine v. Progressive Direct[21] . No. 199 WAL 2008.Supreme Court of Pennsylvania. September 9, 2008. [21] Justice TODD did not participate in the consideration or decision of this matter. Appeal from the Superior Court Pa.Super., 947 A.2d 836. Dispositions of Petitions for Allowance of Appeals. DENIED.

215 A.2d 388 Commonwealth v. Smith, Appellant. Supreme Court of Pennsylvania. December 20, 1965. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ. Petition for leave to appeal, No. 191, Jan. T., 1966, from judgment of sentence of Superior Court, Oct. T., 1965, No. 305, affirming judgment of Court of Oyer and […]

57 A.2d 840 Cohen, Appellant, v. Tonkin et al. Supreme Court of Pennsylvania.January 14, 1948. March 22, 1948. Appeals — Review — Findings of fact — Chancellor — Gifts — Motive — Prior conveyance of real estate — Agreement of sale — Specific performance. 1. In a proceeding in equity to secure specific performance of […]

882 A.2d 1004 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JOSEPH JUDE CASINO, Petitioner. Supreme Court of Pennsylvania, Middle District. September 9, 2005. No. 21 MAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 9th day of September, 2005, the Petition for Allowance of Appeal is […]

992 A.2d 110 EQUITY ONE INC., Respondent v. Charmaine McCOULLUM, Petitioner. No. 174 EM 2009.Supreme Court of Pennsylvania, Eastern District. April 7, 2010. ORDER PER CURIAM. AND NOW, this 7th day of April, 2010, the Petition for Extension of Time to File Petition for Review is DENIED.

625 A.2d 48 In re REAPPOINTMENT TO DISCIPLINARY BOARD. No. 161, Disciplinary Board Appointment Dkt.Supreme Court of Pennsylvania. May 12, 1993. ORDER PER CURIAM: AND NOW, this 12th day of May, 1993, Penina K. Lieber, Esquire, Allegheny County, is reappointed as a member of the Page 329 Disciplinary Board for a term of three years […]

237 A.2d 339 Commonwealth v. Banks, Appellant. Supreme Court of Pennsylvania.November 27, 1967. January 9, 1968. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ. Appeal, No. 422, Jan. T., 1967, from order of Court of Oyer and Terminer of Lancaster County, Dec. T., 1947, No. 137, in case of Commonwealth of […]

847 A.2d 663 In the Matter of JANET MOSCHETTA. PETITION FOR REINSTATEMENT FROM INACTIVE STATUS. Supreme Court of Pennsylvania. March 15, 2004. No. 162 DB 2003 (No. 11 RST 2004), Attorney Registration No. 18815, (Washington County). ORDER PER CURIAM: AND NOW, this 15th day of March, 2004, The Report and Recommendations of The Disciplinary Board […]

24 A.3d 361 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JAMES ELLIS, Petitioner. No. 83 WAL 2011.Supreme Court of Pennsylvania, Western District. July 12, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 12th day of July, 2011, the Petition for Allowance of Appeal is DENIED. Justice […]

961 A.2d 859 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DARNELL LAMONT SWEENEY, Petitioner. No. 340 MAL 2008.Supreme Court of Pennsylvania, Middle District. November 18, 2008. Appeal from the Pa.Super. 953 A.2d 840. Petitions for Allowance of Appeal Denied.

28 A.2d 316 American Surety Company of New York, Appellant v. Dickson et al. Supreme Court of Pennsylvania.May 11, 1942. September 28, 1942. Judgments — Conclusiveness — Res judicata — Elements — Qualifications of rule — Identity of party — Attaching creditors — Final judgment or decree. 1. The doctrine of res judicata is applicable […]

132 A.2d 224 Commonwealth v. Moon, Appellant. Supreme Court of Pennsylvania.April 23, 1957. May 27, 1957. Criminal law — Practice — Selecting jury — Voir dire examination — Hypothetical questions — Challenge for cause — Refusal — Harmless error. 1. The preliminary examination of a juror may not be extended so as to include hypothetical […]

875 A.2d 1072 JAMES HARRIS, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (HALE FIRE PUMP CO.), Respondent. Supreme Court of Pennsylvania, Eastern District. May 3, 2005. No. 524 EAL 2004, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM. AND NOW, this 3rd day of May, 2005, the Petition for […]

652 A.2d 307 COMMONWEALTH of Pennsylvania, Appellee, v. Christopher COWAN, Appellant. Supreme Court of Pennsylvania.Submitted October 20, 1994. Decided January 11, 1995. Appeal No. 42 Eastern District Appeal Docket 1994 from the Order of the Superior Court, 433 Pa. Super. 630, Page 299 638 A.2d 265 (1993), Entered on October 20, 1993 at No. 1366 […]

909 A.2d 303 Com. v. Garcia-Ramirez. No. 248 MAL (2006).Supreme Court of Pennsylvania. October 18, 2006. Appeal from the Superior Court Pa.Super., 895 A.2d 646. Dispositions of Petitions for Allowance of Appeals Denied.

244 A.2d 30 Commonwealth v. Stokes, Appellant. Supreme Court of Pennsylvania.Submitted April 15, 1968. July 1, 1968. Criminal law — Murder — Guilty plea — Collateral attack on plea — Defendant represented by counsel — Post Conviction Hearing Act. 1. Where defendant was convicted of second degree murder following his plea of guilty to a […]

537 A.2d 1370 COMMONWEALTH of Pennsylvania, Appellee, v. Paul SCHEUING, Appellant. Supreme Court of Pennsylvania.Argued October 23, 1986. Decided February 29, 1988. Appeal from the Court of Common Pleas, Montgomery County, Criminal Division, No. 981-82. Page 408 Joan Duncan Brown, Norristown, for appellant. Mary M. Killinger Chief, Appeals Div., Gregory P. Voci, Norristown, for appellee. […]

87 A.2d 188 Johnson Will. Supreme Court of Pennsylvania.January 9, 1952. April 1, 1952. Wills — Testamentary capacity — Eccentricities — Words and phrases — Insane delusion — Burden of proof — Evidence — Substantial dispute of fact — Issue d.v.n. 1. A person who has testamentary capacity may leave his property by will to […]

853 A.2d 362 COMMONWEALTH OF PENNSYLVANIA, Respondent v. GREGORY IAN WOLFE, Petitioner. No. 145 MAL 2004.Supreme Court of Pennsylvania, Middle District. June 29, 2004. No. 145 MAL 2004, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 29th day of June 2004, the Petition for Allowance of […]

305 A.2d 14 Commonwealth v. Marlin, Appellant. Supreme Court of Pennsylvania.January 12, 1973. May 23, 1973. Criminal Law — Corrupting the morals of a minor by contributing to her delinquency — Act of June 2, 1933, P. L. 1433 — Evidence — Sufficiency — Acts or omissions. 1. Under the Act of June 2, 1933, […]

165 A.2d 243 Baker, Appellant, v. Commonwealth of Pennsylvania, Department of Highways. Supreme Court of Pennsylvania.October 3, 1960. November 15, 1960. Appeals — Review — New trial — Grounds — Incompetent evidence — Eminent domain — Verdict — Excessive. 1. In this eminent domain case, in which it appeared that a board of viewers awarded […]

207 A.2d 590 A. Blumberg Son, Inc. v. Zoning Board of Adjustment (et al., Appellant). Supreme Court of Pennsylvania.January 12, 1965. March 16, 1965. Appeals — Review — Zoning case. In this appeal in which it appeared that the court below affirmed an order of the zoning board of adjustment permitting the use of premises […]

465 A.2d 1245 COMMONWEALTH of Pennsylvania, Appellee v. Hugh L. FANT, Appellant. Supreme Court of Pennsylvania.Submitted March 11, 1983. Decided October 4, 1983. Reargument Denied January 16, 1984. Direct Appeal No. 80-1-148, from the Judgments of Sentence Entered June 27, 1980, in the Court of Common Pleas of Fayette County, Criminal Division, No. 1 of […]

453 A.2d 927 COMMONWEALTH of Pennsylvania, Appellant, v. Jon KENNEDY, Appellee. Supreme Court of Pennsylvania.Argued October 26, 1982. Decided December 17, 1982. Appeal from the Court of Common Pleas, Trial Division, Criminal Section, Philadelphia County, Nos. 2046, 2047, 2049, December Term, 1975, Kendall H. Shoyer, J. Page 390 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

989 A.2d 1 COMMONWEALTH OF PENNSYLVANIA, Appellant v. GEORGE E. BANKS, Appellee. No. 578 CAP.Supreme Court of Pennsylvania, Eastern District. October 4, 2010. ORDER PER CURIAM. AND NOW, this 4th day of October 2010, the Commonwealth’s Motion for Order of Court Permitting Parties to File Reply and Sur-Reply is GRANTED, in part, and the Commonwealth […]

872 A.2d 171 COMMONWEALTH OF PENNSYLVANIA, Respondent v. AMADO HAGANS, Petitioner. Supreme Court of Pennsylvania, Eastern District. April 12, 2005. No. 528 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 12th day of April, 2005, the Petition for Allowance of Appeal is hereby […]

828 A.2d 349 COMMONWEALTH OF PENNSYLVANIA, Respondent v. CHRISTOPHER HESS, Petitioner. No. 184 MAL 2003.Supreme Court of Pennsylvania, Middle District. July 30, 2003. No. 184 MAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 30th day of July, 2003, the Petition for Allowance of […]

17 A.2d 334 Plege’s Estate. Supreme Court of Pennsylvania.December 3, 1940. January 6, 1941. Wills — Execution — Testamentary capacity — Undue influence — Evidence. Where the evidence supported the findings of the Orphans’ Court that a testatrix possessed testamentary capacity at the time she executed her will, and was not unduly influenced in so […]

770 A.2d 287 RICHARD L. BAER AND MARY J. BAER, EXECUTORS OF THE ESTATE OF JENNET HERSH A/K/A JENNET L. FRAZEE, DECEASED, Appellants v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee SUZETTE M. JACKSON AND LARRY JACKSON, INDIVIDUALLY; SUZETTE M. JACKSON, ADMINISTRATRIX OF THE ESTATE OF MARISSA JACKSON, DECEASED; SUZETTE M. JACKSON, AS TRUSTEE AD […]

227 A.2d 823 Commonwealth v. Bennett, Appellant. Supreme Court of Pennsylvania.November 22, 1966. March 21, 1967. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ. Appeals, Nos. 322, 332, 333 and 334, Jan. T., 1966, from judgment of Court of Oyer and Terminer of Philadelphia County, Aug. T., 1964, Nos. 1105, 1106, […]

305 A.2d 21 Commonwealth v. Kosik, Appellant. Supreme Court of Pennsylvania.March 13, 1973. May 23, 1973. Appeals — Review — Questions not raised in court below. The appellate court will not entertain issues which were not raised in the trial court, and which are raised for the first time on appeal. Page 231 Before JONES, […]

28 A.3d 867 CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, AND LEISURECRAFT, INC., Appellants v. TELEDYNE CONTINENTAL MOTORS, INC., TELEDYNE, INC., SUPERIOR AIR PARTS, INC., PIEDMONT HAWTHORNE AVIATION, […]

786 A.2d 992 SOCIETY CREATED TO REDUCE URBAN BLIGHT, HONORABLE DAVID COHEN, MARY CAWLEY TRACY, STADIUM COMMUNITY COUNCIL AND JOSEPH MELONI v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PHILADELPHIA AND CITY OF PHILADELPHIA LAW DEPARTMENT PETITION OF: ALBERT M. TANTALA AND KEYSTONE OUTDOOR ADVERSTISING. No. 232 EAL 2001.Supreme Court of Pennsylvania, Eastern District. […]

147 A.2d 409 Mathewson, Appellant, v. Westinghouse Electric Corporation. Supreme Court of Pennsylvania.Argued November 10, 1958. January 15, 1959. Contracts — Construction — Labor law — Collective bargaining agreement — Payment for observed holiday — Holiday occurring during emergency furlough — Intention of parties. Where a collective bargaining agreement, as to holidays, enumerated the holidays […]

929 A.2d 646 Deluca Enterprises, Inc. v. Assurance Co. of America. No. 915, 916 MAL 2006.Supreme Court of Pennsylvania. July 31, 2007. Appeal from the Pa. Super., 911 A.2d 189, 911 A.2d 190. Dispositions of Petitions For Allowance of Appeals Denied.

265 A.2d 358 Plains Township School District Appeal. Warrior Run Borough School District Appeal. Supreme Court of Pennsylvania.November 13, 1969. May 4, 1970. Appeals — Jurisdiction — Superior Court — Order entered by court of common pleas in proceedings under the Act of July 8, 1968, P. L. ___, supplementing the Public School Code — […]

403 A.2d 1283 COMMONWEALTH of Pennsylvania v. Jill V. DeJOHN, Appellant. Supreme Court of Pennsylvania.Argued September 19, 1978. Decided May 17, 1979. Rehearing Denied August 17, 1979. Appeal from the Court of Common Pleas, Criminal Division, No. CC7602893A, Joseph H. Ridge, J. Page 33 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

964 A.2d 894 COMMONWEALTH OF PENNSYLVANIA, Respondent v. GEOFFREY TRENT HARPER, Petitioner. No. 429 WAL 2008.Supreme Court of Pennsylvania, Western District. February 5, 2009. Appeal from the Superior Court Pa.Super., 961 A.2d 1275. Dispositions of Petitions For Allowance of Appeals Denied.

863 A.2d 1142 COM. v. COOLEY. No. 355 WAL 2004.Supreme Court of Pennsylvania. November 24, 2004. Appeal from the Superior Court, Pa.Super., 855 A.2d 129. Disposition of petition for allowance of appeal. Denied.

28 A.3d 1274 COMMONWEALTH OF PENNSYLVANIA, Appellee v. GAYLORD SPELL, Appellant. No. 592 CAP.Supreme Court of Pennsylvania, Eastern District.Argued: September 14, 2010. Decided: October 7, 2011. Appeal from the Judgment of Sentence entered on 05/20/2009 in the Court of Common Pleas, Criminal Division of Lawrence County at No. CP-37-CR-0000603-2007. CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, […]

127 A.2d 660 Commonwealth ex rel. Farrow, Appellant, v. Martin. Supreme Court of Pennsylvania.Argued November 13, 1956 Decided December 29, 1956 Criminal law — Constitutional law — Double jeopardy. 1. One who is put on trial for a crime is placed in double jeopardy if he has previously received an acquittal or its equivalent on […]

832 A.2d 1013 HORACE E. BUTCHER, III, Appellant v. PENNSYLVANIA BOARD OF PROBABION PAROLE, Appellee. Supreme Court of Pennsylvania, Middle District. September 26, 2003. No. 145 MAP 2003, Appeal from the Order of the Commonwealth Court dated April 30, 2003 at No. 664 M.D. 2002 dismissing the Petition for Review. ORDER PER CURIAM. AND NOW, […]

147 A.2d 153 Rutovitsky v. Magliocco, Appellant. Supreme Court of Pennsylvania.Argued November 18, 1958. January 5, 1959. Negligence — Automobiles — Pedestrians — Intersection collision — Contributory negligence — Jury question — Circumstantial evidence — Loss of memory — Presumption. 1. Where it appeared that at noon on a clear, dry day, plaintiff, a pedestrian, […]

693 A.2d 198 Catherine Baker KNOLL, Pennsylvania State Treasurer and Member of the State Workers’ Insurance Board, Appellant v. Johnny J. BUTLER, Secretary of Labor and Industry and Chairman of the State Workers’ Insurance Board; Linda Kaiser, Insurance Commissioners and Member of the State Workers’ Insurance Board; MSB Holding Corporation, a Pennsylvania Corporation; KSB Holding […]

171 A.2d 861 Berdar Estate. Supreme Court of Pennsylvania.March 22, 1961. May 22, 1961. Gifts — Validity — Joint bank account — Surviving tenant — Intention of depositor — Parol Evidence Rule. 1. When a depositor creates a joint savings account with right of survivorship, and a signature card so stating is signed by both […]

163 A.2d 530 Pearlman Appeal. Supreme Court of Pennsylvania.June 1, 1960. June 29, 1960. Incompetent persons — Determination of restored competency — Evidence — Sufficiency — Order refusing finding of competency — Incompetents’ Estates Act of 1955 — Appellate review. On this appeal from an order refusing to find that a person previously adjudged incompetent […]

991 A.2d 309 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DOROTHY BENSON, Petitioner. No. 677 MAL 2009.Supreme Court of Pennsylvania, Middle District. March 10, 2010. Appeal from the Superior Court, Pa.Super., 984 A.2d 1007. Dispositions of Petitions for Allowance of Appeals Denied.

782 A.2d 548 NINA VOEGLIE, v. DOUGLAS BURGER C/O QUALMED PLANS FOR HEALTH OF PENNSYLVANIA, INC. T/A COMPTEK AND ABINGTON MEMORIAL HOSPITAL AND “DIANE DOE” AND “JANE DOE”, PETITION OF: QUALMED PLANS FOR HEALTH OF PENNSYLVANIA, INC. T/A COMPTEK. No. 710 EAL 2000.Supreme Court of Pennsylvania, Eastern District. June 26, 2001. No. 710 EAL 2000, […]

20 A.3d 489 BUCHART HORN, INC., Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent. No. 594 MAL 2010.Supreme Court of Pennsylvania, Middle District. April 5, 2011. Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM. AND NOW, this 5th day of April, 2011, the Petition for Allowance of Appeal is DENIED.

101 A.2d 721 Audenried Estate. Supreme Court of Pennsylvania.November 9, 1953. January 4, 1954. Taxation — Estate taxes — Proration — Intention — Intent of testator — Direction for payment of taxes — Proration Act. Where testatrix provided pecuniary legacies in varying amounts to various legatees and then gave her residuary estate “to the pecuniary […]

785 A.2d 86 GIACOMO DiMAIO and LESLIE DiMAIO, Respondents v. SARAH R. MUSSO, Petitioner. Supreme Court of Pennsylvania, Middle District. April 26, 2001. Petition for Allowance of Appeal from the Superior Court; No. 848 MAL 2000. ORDER PER CURIAM: AND NOW, this 26th day of April 2001, the petition for allowance of appeal is denied.

53 A.2d 89 Dash, Appellant, v. Dash. Supreme Court of Pennsylvania.April 18, 1947. May 26, 1947. Appeals — Review — Divorce — Evidence — Report of master. 1. Where an action in divorce is heard by a master, the appellate court is obliged to make an independent investigation of the evidence in order to determine […]

122 A.2d 727 Lewis, Appellant, v. Emmott. Supreme Court of Pennsylvania.April 19, 1956. May 21, 1956. Practice — Zoning case — Mandamus. 1. The procedure statutorily prescribed for testing the validity of substantive provisions of a zoning ordinance or the method of its administration is through application to the board of adjustment by one aggrieved […]

574 A.2d 603 W L SALES CO., INC., and PMA Insurance Company, Appellants, v. WORKMEN’S COMPENSATION APPEAL BOARD and Toby L. Drake. Supreme Court of Pennsylvania.Argued May 10, 1990. Decided May 23, 1990. Appeal No. 54 M.D. Appeal Dkt. 1989 from Order of Commonwealth Court 123 Pa. Commw. 158, 552 A.2d 1177 (1989) entered January […]

522 A.2d 43 Charles W. ZIMMERMAN, M.D., Appellee, v. COMMONWEALTH of Pennsylvania, PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD, Appellant. Supreme Court of Pennsylvania.Argued June 3, 1986 Decided March 10, 1987. Appeal from the Supreme Court, No. 63 M.D. Appeal Dkt. 1985, McDermott, J. Page 561 Nicholas J. Marcucci, Herbert C. Goldstein, Harrisburg, for appellant. Robert E. […]

953 A.2d 540 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MUHAMMED LEECH, Petitioner. No. 55 EAL 2008.Supreme Court of Pennsylvania, Eastern District. June 19, 2008. Appeal from the Superior Court Pa.Super., 945 A.2d 773. Dispositions of Petitions for Allowance of Appeals. DENIED.

105 A.2d 347 Engemann v. Colonial Trust Company, Appellant. Supreme Court of Pennsylvania.March 26, 1954. May 24, 1954. Evidence — Presumptions — Payment — Lapse of twenty years — Mortgage — Rebuttal of presumption — Evidence — Question for court or jury — Positive testimony of nonpayment — Circumstances — Relationship of parties — Admissions […]

805 A.2d 519 COMMONWEALTH OF PENNSYLVANIA, Respondent v. RICHARD J. COCHRANE, Petitioner. No. 178 MAL 2002.Supreme Court of Pennsylvania, Middle District. August 20, 2002. No. 178 MAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 20th day of August 2002, the Petition for Allowance […]

436 A.2d 125 Jaime SINGZON, M. D., Edward V. Twiggar, II, M. D., David L. Hoffman, Harold E. Thomas, James P. Kelley, Debra L. Price and Leonard A. Slodysko, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Helen O’Bannon, Secretary of the Department of Public Welfare. Supreme Court of Pennsylvania.Argued May 20, 1981. Decided […]

26 A.2d 460 Burke, Appellant, v. Daughters of the Most Holy Redeemer, Inc. Supreme Court of Pennsylvania.May 11, 1942. May 25, 1942. Contracts — Construction — Words and phrases — Acceptable — Satisfactory — Real estate brokers — Mortgages — Evidence. 1. Where defendant in writing agreed to pay to plaintiff a stated commission if […]

26 A.2d 199 Stevenson, Appellant, v. Westmoreland Coal Company. Supreme Court of Pennsylvania.March 23, 1942. May 11, 1942. Workmen’s compensation — Criminal law — Suspension of payments — Claimant in penitentiary — Construction of order — Res judicata. In a workmen’s compensation case, in which it appeared that the parties had entered into a supplemental […]

170 A.2d 586 Rossiter, Appellant, v. Whitpain Township. Supreme Court of Pennsylvania.April 20, 1961. May 23, 1961. Municipalities — Townships — Powers — Policeman — Chief of police — Demotion — Demotion without hearing — Validity — Act of June 15, 1951, P. L. 586. 1. The board of supervisors of a second class township […]

215 A.2d 858 Commonwealth ex rel. Hobbs, Appellant, v. Russell. Supreme Court of Pennsylvania.Submitted November 12, 1965. January 4, 1966. Criminal law — Constitutional law — 5th, 6th and 14th Amendments — Criminal prosecutions — Preliminary hearing — Lack of counsel — Confession — Validity — Absence of issue at trial — Waiver. 1. In […]

445 A.2d 716 Amelia McNALLY and Daniel McNally, her husband, and Daniel McNally, in his own right, Appellant v. Carl LIEBOWITZ, individually and trading as Sandwichland. Supreme Court of Pennsylvania.Argued April 15, 1982. Decided May 25, 1982. Appeal from the Court of Common Pleas, Delaware County, No. 77-1239, Joseph Labrum, Jr., J. Page 164 John […]

208 A.2d 785 Addison v. Westinghouse Electric Company, Appellant. Supreme Court of Pennsylvania.March 23, 1965. April 20, 1965. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ. Appeal, No. 114, March T., 1965, from judgment of Court of Common Pleas of Allegheny County, July T., 1960, No. 4116, in case of Ruby […]

596 A.2d 798 In re Former Judge Arthur D. DALESSANDRO, Court of Common Pleas, Luzerne County, Pennsylvania. Supreme Court of Pennsylvania.Argued September 27, 1990. Decided September 13, 1991. Appeal from the Judicial Inquiry and Review Board. Page 241 J. Shane Creamer, Joseph A. Quinn, Jr., Anthony C. Falvello, Walter T. Grabowski, for respondent. Robert L. […]

40 A.2d 859 Freeman, Secretary of Banking, v. Scurry, Appellant. Supreme Court of Pennsylvania.January 5, 1945. January 18, 1945. Freeman, Secretary of Banking, v. Rogal, 351 Pa. 266, followed. Argued January 5, 1945. Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ. Appeal, No. 55, Jan. T., 1945, from judgment of C. […]

169 A.2d 292 Sweeny, Appellant, v. Bonafiglia. Supreme Court of Pennsylvania.January 4, 1961. March 23, 1961. Appeals — Review — New trial — Charge of court — Absence of specific exception. 1. An appellate court will not grant a new trial on the ground of inadequacy in the charge to a party who took only […]