Category: Pennsylvania Supreme Court Opinions

147 A.2d 326 Department of Licenses and Inspections, Appellant, v. Weber. Supreme Court of Pennsylvania.Argued November 21, 1958. January 12, 1959. Municipalities — Philadelphia — Powers — Constitutional law — Regulation of beauty shops — State regulation — Supplementary regulation by city — Intention of legislature — Act of May 3, 1933, P. L. 242. […]

916 A.2d 1091 Frank J. LAIRD, Trustee Under the Trust Agreement of February 24, 1988 and Vernon C. Keesey, Jr., Individually and on Behalf of a Class of the Minority Shareholders of the Clearfield Mahoning Railroad Company, a Pennsylvania Corporation and Derivatively, on Behalf of the Clearfield Mahoning Railroad Company, Appellants, v. The CLEARFIELD MAHONING […]

159 A.2d 687 Commonwealth v. Soudani, Appellant. Supreme Court of Pennsylvania. March 28, 1960. Criminal law — Practice — Separate crimes — Crimes arising out of same offense — Sentence — Scope of sentence. Where a person is found guilty of two separate crimes which arise out of the same transaction, he can be sentenced […]

903 A.2d 537 Com. v. McDaniels. 732 EAL (2005).Supreme Court of Pennsylvania. July 26, 2006. Appeal from the Pa. Super., 886 A.2d 682. Dispositions of Petitions for Allowance of Appeals Denied.

816 A.2d 1103 ROBERT CONAWAY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent. No. 414 EAL 2002.Supreme Court of Pennsylvania, Eastern District. February 13, 2003. No. 414 EAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 13th day of February 2003, the […]

634 A.2d 1109 COMMONWEALTH of Pennsylvania, Appellant at No. 104 W.D. Appeal Docket 1991. v. Dave SCARPONE, Appellant at No. 103 W.D. Appeal Docket 1991. Supreme Court of Pennsylvania.Argued September 24, 1992. Decided December 15, 1993. Appeal from the Common Pleas Court, Allegheny County, No. CC 85-08741, Raymond Novak, J. Page 274 Robert J. Amelio, […]

260 A.2d 773 Commonwealth v. Commander, Appellant. Supreme Court of Pennsylvania.September 30, 1969. January 9, 1970. Criminal Law — Murder — Malice aforethought — Second degree murder — Evidence — Sufficiency — Self-defense — Duty of person outside of dwelling — Burden of proof to prove self-defense. 1. Murder is the unlawful killing of another […]

739 A.2d 478 IN RE T.J. APPEAL OF: CITY OF PHILADELPHIA, COUNTY OFFICE OF MENTAL HEALTH/MENTAL RETARDATION [J-195-1998]Supreme Court of Pennsylvania, Eastern District.Argued: October 19, 1998. Decided: September 29, 1999. Appeal from the Order of the Superior Court, entered August 19, 1997, at No. 1022 Philadelphia 1997, quashing the appeal from the Order of the […]

864 A.2d 1201 COMMONWEALTH of Pennsylvania, Respondent v. Jerry HILL, Petitioner. Supreme Court of Pennsylvania. December 29, 2004. Petition for Allowance of Appeal No. 212 WAL 2004 from the Order of the Superior Court. Page 273 ORDER PER CURIAM. AND NOW, this 29th day of December, 2004, the Petition for Allowance of Appeal is hereby […]

713 A.2d 95 In the Matter of Morton Daniel PERSKIE. Supreme Court of Pennsylvania. July 7, 1998. Petition No. 17 DB 98 for Reinstatement from Inactive Status. ORDER PER CURIAM: AND NOW, this 7th day of July, 1998, The Report and Recommendations of The Disciplinary Board of the Supreme Court of Pennsylvania dated June 8, […]

684 A.2d 539 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Ronald C. SCOTT, Jr., Appellee. Supreme Court of Pennsylvania.Argued January 24, 1996. Decided October 30, 1996. Appeal from the Court of Common Pleas, Delaware County, No. 92-19645, Wright, Senior Judge. Page 242 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

880 A.2d 1239 PATRICK AND DIANA EMLETT, Respondents v. GRACE BUILDING CO., INC., Petitioner. Supreme Court of Pennsylvania, Middle District. July 22, 2005. No. 242 MAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 22nd day of July 2005, the Petition for Allowance of […]

906 A.2d 540 Com. v. Mitchell.[5] 350 MAL (2006).Supreme Court of Pennsylvania. August 29, 2006 [5] Justice EAKIN did not participate in the consideration or decision of this matter. Appeal from the Pa.Super., 902 A.2d 979. Dispositions of Petitions for Allowance of Appeals Denied.

868 A.2d 1196 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DENNIS EDWARD BONEY, Petitioner. Supreme Court of Pennsylvania, Middle District. February 2, 2005. No. 810 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 2nd day of February 2005, the Petition for Allowance of Appeal is […]

336 A.2d 865 COMMONWEALTH of Pennsylvania v. Marie SCOTT, Appellant. Supreme Court of Pennsylvania.Argued April 10, 1975. Decided May 13, 1975. Appeal No. 600 January Term, 1974, from the Judgment of Sentence of the Court of Common Pleas, Philadelphia County, Trial Division, Criminal Section, Imposed on Indictment Nos. 1108-1110, April Term, 1973; Stanley L. Kubacki, […]

948 A.2d 802 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MICHAEL CEASAR, Petitioner. No. 721 EAL 2007.Supreme Court of Pennsylvania, Eastern District. May 9, 2008. Appeal from the Pa.Super., 945 A.2d 758. Dispositions of Petitions for Allowance of Appeals Denied.

15 A.3d 67 LAWRENCE DABNEY, Petitioner v. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, Respondent. No. 157 EM 2010.Supreme Court of Pennsylvania, Eastern District. March 2, 2011. ORDER PER CURIAM. AND NOW, this 2nd day of March, 2011, the Application for Leave to File Original Process is GRANTED. As Petitioner has a motion for return […]

173 A.2d 102 Dreer Estate. Supreme Court of Pennsylvania.May 1, 1961. July 17, 1961. Decedents’ estates — Adoptive child — Collateral relative — Rights of inheritance — French law — Conflict of laws — Status — Adopted child as distributee — Restatement, Conflict of Laws. 1. Where it appeared that decedent died intestate, a domiciliary […]

93 A.2d 451 Loch v. Confair, Appellant. Supreme Court of Pennsylvania.November 13, 1952. January 5, 1953. Negligence — Evidence — Circumstantial evidence — Doctrine of exclusive control — Bottled beverage — Unexplained bursting. 1. The theory of exclusive control is that, when the instrumentality which causes the injury is shown to be under the management […]

868 A.2d 1196 COMMONWEALTH OF PENNSYLVANIA, Respondent v. TYSHEEM CROCKER, Petitioner. Supreme Court of Pennsylvania, Middle District. January 20, 2005. No. 795 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 20th day of January, 2005, the Petition for Allowance of Appeal is hereby […]

676 A.2d 1193 ROSETTA OIL, INC., Appellee, v. COMMONWEALTH OF PENNSYLVANIA, Board of Finance and Revenue, Appellant. Supreme Court of Pennsylvania. June 19, 1996. Appeal No. 107 M. D. Appeal Docket 1995, from an Order and Opinion of the Commonwealth Court dated November 27, 1995 at No. 140 F.R. 1992. ORDER PER CURIAM: The Order […]

712 A.2d 285Supreme Court of Pennsylvania. 1998 Mutual Ins. Co. of Lehigh County v. Roosevelt’s Fantasy Bar and Restaurant, Inc. v. Torres[5] .. 3/13/98 650 Denied Pa. Super., M.D. 701 A.2d 790 (1997) Ortega v. Payne ……. 3/24/98 973 Denied Pa. Super., M.D. 707 A.2d 557 (1997) Ward v. Ward ………. 3/24/98 817 Denied No. […]

718 A.2d 286 Alice C. VON DER HEIDE, as Executrix of the Estate of William Von der Heide, Deceased Appellee. v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION. Supreme Court of Pennsylvania.Argued February 3, 1998. Decided October 1, 1998. Appeal from the Court of Common Pleas, Lycoming County, Civil Division, No. 93-01419, Thomas C. Raup, J. […]

906 A.2d 1196 Com. v. Cunningham. 267 EAL (2006).Supreme Court of Pennsylvania. September 15, 2006 Appeal from the Pa.Super., 903 A.2d 42. Dispositions of Petitions for Allowance of Appeals Denied.

76 A.2d 745 Hess et ux. v. Westerwick, Appellant. Supreme Court of Pennsylvania.October 2, 1950. November 13, 1950. Taxation — Sale for delinquent taxes — Notice — Timeliness — Notice to owner — Notice to terre tenant — Due process — Location and description of seated land — Acts of May 29, 1931, P. L. […]

813 A.2d 844 RONCA L. BOYD, Petitioner v. WILLIAM F. WARD, CHAIRMAN, AND PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 789 MAL 2002.Supreme Court of Pennsylvania, Middle District. December 17, 2002. No. 789 MAL 2002, Petition for Allowance of Appeal from Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 17th day […]

180 A.2d 68 Foley v. Brown, Appellant. Supreme Court of Pennsylvania.March 19, 1962. April 17, 1962. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN and O’BRIEN, JJ. Appeals, Nos. 131, 132, 133 and 134, March T., 1962, from judgments of Court of Common Pleas of Allegheny County, July T., 1958, Nos. 1887 and 1888, in […]

10 A.2d 436 Scott et ux., Appellants, v. McEwing. Supreme Court of Pennsylvania.December 1, 1939. January 2, 1940. Practice — Judgments — Opening judgment entered by default — Negligence or oversight of defendant’s insurance carrier — Discretion of court — Appellate review — Necessity of pleading facts constituting defense. 1. An order making absolute a […]

713 A.2d 97 Tracy Lyn STARR v. Ottavio C. VENEZIANO, Frank J. Zottola Construction, Inc. and Commonwealth of Pennsylvania, Department of Transportation, Respondents, v. RICHLAND TOWNSHIP, Petitioner. Supreme Court of Pennsylvania. July 29, 1998. Petition No. 105 W.D. Alloc. Dkt. 1998 for Allowance of Appeal from the Opinion and Order of the Commonwealth Court. ORDER […]

23 A.2d 445 Salvitti et ux. v. Throppe, Appellant. Supreme Court of Pennsylvania.November 28, 1941. January 5, 1942. Negligence — Automobiles — Contributory negligence — Violation of statute — Causation — Restatement, Torts. 1. A plaintiff who has violated a legislative enactment designed to prevent a certain type of dangerous situation is not barred from […]

937 A.2d 442 Ani v. County of Allegheny. No. 189 WAL (2007).Supreme Court of Pennsylvania. December 5, 2007. Appeal from the Commonwealth Court Pa.Super., 927 A.2d 646. Dispositions of Petitions for Allowance of Appeals Denied.

917 A.2d 312 Com. v. Mills. No. 799 MAL 2006.Supreme Court of Pennsylvania. February 21, 2007. Appeal from the Superior Court Pa.Super., 907 A.2d 1135. Dispositions of Petitions for Allowance of Appeals Denied.

962 A.2d 1170 COMMONWEALTH of Pennsylvania, Appellee v. James W. VANDIVNER, Appellant. Supreme Court of Pennsylvania.Submitted: September 13, 2007. Decided: January 23, 2009. Appeal from the Court of Common Pleas, Fayette County, Criminal Division, No. CP-26-CR-0001229-2004, Gerald R. Solomon, J. Page 618 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

498 A.2d 800 Ernest Roth LEWIS, Appellant v. COMMONWEALTH of Pennsylvania, Workmen’s Compensation Appeal Board, and Pittsburgh Board of Education, Appellees. Supreme Court of Pennsylvania.Argued March 6, 1985. Decided September 24, 1985. Appeal from the Workmen’s Compensation Appeal Board. Page 361 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

721 A.2d 1061 EIGHTY-FOUR MINING COMPANY, Appellee v. THREE RIVERS REHABILITATION, INC., Appellant. [J-147-98]Supreme Court of Pennsylvania, Western District.Argued September 14, 1998. Decided December 21, 1998. Appeal from the Commonwealth Court entered January 9, 1997 at No. 1452 C.D. 96. Page 444 Paul F. Laughlin, Pittsburgh, for Three Rivers Rehabilitation. Elizabeth B. Metz, Harrisburg, for […]

909 A.2d 1291 Jones v. City of Philadelphia. No. 95 EAL (2006).Supreme Court of Pennsylvania. October 25, 2006. Appeal from the Commonwealth Court Pa.Cmwlth., 890 A.2d 1188. Dispositions of Petitions for Allowance of Appeals Denied.

680 A.2d 1145 Charles W. McNEIL and Edith McNeil, H/W, Appellees v. OWENS-CORNING FIBERGLAS CORPORATION, Appellant. Supreme Court of Pennsylvania.Submitted March 15, 1996. Decided July 31, 1996. Appeal from the Court of Common Pleas, No. 1313 November Term, 1985, Phildelphia. Page 210 W. Matthew Reber, Robert N. Spinelli, Catherine N. Jasons, Philadelphia, for Owens-Corning Fiberglas […]

214 A.2d 228 Klein v. Silberberg, Appellant. Supreme Court of Pennsylvania.October 8, 1965. November 9, 1965. Attorney and client — Action for legal services — Practice — Proof of services — Evidence — Sufficiency. In this action of assumpsit in which an attorney sought to recover compensation for legal services to the defendant and in […]

918 A.2d 741 Com. v. Davis. No. 1006 MAL 2006.Supreme Court of Pennsylvania. February 23, 2007. Appeal from the Superior Court Pa.Super., 915 A.2d 140. Dispositions of Petitions for Allowance of Appeals Denied.

840 A.2d 987 JOHN BALDWIN, Appellant v. PENNSYLVANIA BOARD OF PROBATION PAROLE, Appellee. Supreme Court of Pennsylvania, Middle District. November 10, 2003. No. 233 MAP 2003, Appeal from the Order of the Commonwealth Court entered on June 12, 2003 at No. 113 M.D. 2003. Page 610 ORDER PER CURIAM AND NOW, this 10th day of […]

560 A.2d 145 FRATERNAL ORDER OF POLICE STAR LODGE NO. 20, Appellant, v. PENNSYLVANIA LABOR RELATIONS BOARD, Appellee. Supreme Court of Pennsylvania.Argued October 26, 1988. Decided June 30, 1989. Appeal No. 43 E.D. Appeal Docket 1988 from an Opinion and Order of the Commonwealth Court, 104 Pa. Commw. 561, 522 A.2d (1987), on reargument, dated […]

940 A.2d 171 JOSEPH D’ADAMO, Petitioner v. KERR’S BUILDING MATERIALS, INC., Respondent. No. 629 EAL 2007.Supreme Court of Pennsylvania, Eastern District. March 12, 2008. Appeal from the Pa.Super., 943 A.2d 326. Dispositions of Petitions for Allowance of Appeals Denied.

56 A.2d 675 Dufour, Appellant, v. Maize et al. Supreme Court of Pennsylvania.December 2, 1947. January 19, 1948. Constitutional law — Local or special law — Article III, section 7 — Due process of law — Article I, sections 1 and 9 — Article III, section 18 — Words and phrases — Appropriation — License […]

872 A.2d 1197 IN RE: ESTATE OF REGIS F. BURGER, M.D. PETITION OF: JANICE B. LECKEY. Supreme Court of Pennsylvania, Western District. April 26, 2005. No. 380 WAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court ORDER PER CURIAM: AND NOW, this 26th day of April, 2005, the Petition for […]

771 A.2d 1289 OTIS JAMES GRAHAM, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Supreme Court of Pennsylvania, Middle District. February 6, 2001. Petition for Allowance of Appeal from Order of the Commonwealth Court No. 463 MAL 2000. ORDER PER CURIAM: AND NOW, this 6th day of February, 2001, the Petition for Allowance of […]

421 A.2d 215 In re ESTATE of Benjamin F. RISHEL, Deceased. Appeal of John R. EVANS, Administrator, C.T.A. Supreme Court of Pennsylvania.Argued October 1, 1980. Decided November 3, 1980. Appeal No. 80-1-116, from the Decree of the Court of Common Pleas, Orphans’ Court Division, of Washington County, at No. 68-78-642; Samuel L. Rodgers and Thomas […]

889 A.2d 89 PATRICIA H. DISANTI, Respondent, v. ROBERT R. DISANTI, Petitioner. Supreme Court of Pennsylvania, Western District. October 25, 2005. No. 150 WAL 2005, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 25th day of October, 2005, the Petition for Allowance of Appeal is hereby […]

912 A.2d 836 Com. v. Belt. No. 637 MAL (2006).Supreme Court of Pennsylvania, Middle District. December 5, 2006. Appeal from the Pa.Super., 905 A.2d 1039. Dispositions of Petitions for Allowance of Appeals Denied.

966 A.2d 571 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MARK E. STEELE, Petitioner. No. 480 MAL 2008.Supreme Court of Pennsylvania, Middle District. March 4, 2009. Appeal from the Superior Court Pa.Super., 959 A.2d 468. Dispositions of Petitions For Allowance of Appeals Denied.

213 A.2d 324 Tilghman, Appellant, v. Dollenberg. Supreme Court of Pennsylvania.April 27, 1965. September 29, 1965. Appeals — Review — Order granting new trial — Error of law — Error in charging jury. 1. In this action of trespass for fraud and deceit arising out of plaintiff’s purchase of shares of corporate stock, in which […]

249 A.2d 536 Commonwealth v. Robinson, Appellant. Supreme Court of Pennsylvania.November 14, 1968. January 15, 1969. Criminal Law — Evidence — Photographs — Discretion of trial judge — Appellate review — Photograph inflammatory or gruesome — Charge to jury — Cross-examination — Extent and subject matter — Confession — Voluntariness — Jackson v. Denno hearing. […]

963 A.2d 468 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JASON KOLLOCK, Petitioner. No. 564 MAL 2008.Supreme Court of Pennsylvania, Middle District. January 14, 2009. Appeal from the Superior Court Pa.Super., 961 A.2d 1277. Dispositions of Petitions For Allowance of Appeals Denied.

798 A.2d 1293 MATTHEW H. MITCHELL, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent. No. 185 MAL 2001.Supreme Court of Pennsylvania, Middle District. May 22, 2002. No. 185 MAL 2001, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 22nd day […]

381 A.2d 846 Kingdon W. SWAYNE, Treasurer of the County of Bucks, Commonwealth of Pennsylvania ex rel. Robert D. CULP, assignee of Mary Prechtel, Executrix under the Will of Enola J. Van Horn, Petitioner-Appellant, v. Richard LODEN, Respondent-Appellee. Supreme Court of Pennsylvania. Decided October 28, 1977. Rehearing Denied February 1, 1978. Appeal from the Court […]

22 A.3d 1031 ERNEST CULBREATH, Appellant v. PA. DEPARTMENT OF PROBATION AND PAROLE, Appellee. No. 42 MAP 2011.Supreme Court of Pennsylvania, Middle District. Decided: July 15, 2011. Appeal from the March 15, 2011 order of the Commonwealth Court entered at 841 MD 2010. ORDER PER CURIAM. AND NOW, this 15th day of July, 2011, the […]

967 A.2d 958 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DAVID KEYS, Petitioner No. 488 EAL 2008.Supreme Court of Pennsylvania, Eastern District. March 18, 2009. Appeal from the Superior Court Pa.Super., 951 A.2d 1212. Dispositions of Petitions For Allowance of Appeals Denied.

951 A.2d 1165 In re Adoption of K.J.; In re Adoption of C.S.; In re Adoption of J.J.; In re Adoption of B.J. Nos. 1039-1041 MAL (2007).Supreme Court of Pennsylvania. June 25, 2008. Appeal from the Pa.Super., 936 A.2d 1128. Dispositions of Petitions for Allowance of Appeals Denied.

240 A.2d 372 Rini, Appellant, v. New York Central Railroad Company. Brant, Appellant, v. New York Central Railroad Company. Masterson, Appellant, v. New York Central Railroad Company. Supreme Court of Pennsylvania.November 14, 1967. March 15, 1968. Appeals — Review — Scope — Dismissing action — Forum non conveniens. 1. Whether an action should be dismissed […]

868 A.2d 1196 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JOHN THOMPSON, Petitioner. Supreme Court of Pennsylvania, Eastern District. February 24, 2005. No. 539 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 24th day of February, 2005, the Petition for Allowance of Appeal is hereby […]

790 A.2d 1013 COMMONWEALTH OF PENNSYLVANIA, Respondent v. LOUIS D. COLEMAN, III, Petitioner. No. 407 EAL 2001.Supreme Court of Pennsylvania, Eastern District. November 28, 2001. No. 407 EAL 2001, Petition for Allowance of Appeal from the Memorandum Opinion of Superior Court. ORDER PER CURIAM: AND NOW, this 28th day of November, 2001, the petition for […]

58 A.2d 439 Shaffer v. Torrens, Appellant. Supreme Court of Pennsylvania.March 23, 1948. April 22, 1948. Negligence — Contributory negligence — Traffic officer — Working in dangerous place — Utility of conduct. 1. In determining the negligence of a person who is working in a place of known danger, the fact that his work requires […]

284 A.2d 684 Commonwealth v. Farrior, Appellant. Supreme Court of Pennsylvania.September 29, 1971. December 20, 1971. Criminal Law — Evidence — Manslaughter — Harrison Residue Test — Taking of residue of lead and barium from fingers without benefit of an arrest warrant, in the absence of a search warrant — Right to have attorney present […]

512 A.2d 1186 Susan M. WILSON v. WORKMEN’S COMPENSATION APPEAL BOARD, et al., Petitioners. Supreme Court of Pennsylvania. July 31, 1986. Appeal No. 249 M.D. Allocatur Docket 1985 from Order of Commonwealth Court entered Sept. 17, 1985, at No. 1906 C.D. 1984, 92 Pa. Commw. 9, 498 A.2d 49 (1985). Page 297 Petition for Allowance […]

868 A.2d 450 ASPLUNDH TREE EXPERT COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (HUMPHREY), Respondent. Supreme Court of Pennsylvania, Eastern District. January 28, 2005. No. 345 EAL 2004, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM. AND NOW, this 28th day of January, 2005, the Petition for Allowance […]

430 A.2d 1152 COMMONWEALTH of Pennsylvania, v. Jack Edward Spencer O’BRIEN, Appellant. Supreme Court of Pennsylvania.Argued May 18, 1981. Decided June 4, 1981. Appeal No. 80-2-292, from Judgment of Sentence of Court of Common Pleas of Franklin County, Criminal, at No. 83 of 1979; George C. Eppinger, Judge. William W. Boyd, Lancaster, for appellant. Henry […]

28 A.2d 313 Sefton v. Valley Dairy Company, Appellant. Supreme Court of Pennsylvania.March 24, 1942. September 28, 1942. Negligence — Evidence — Presumption — Commercial vehicle — Name of defendant — Ownership — Agency. 1. The presence of a defendant’s name on a commercial vehicle raises a rebuttable presumption that the vehicle is owned by […]

961 A.2d 1229 Carol FITZPATRICK and Thomas Fitzpatrick, H/W, Appellants v. Howard NATTER, M.D., Meadowbrook Neurology, Michael Munz, M.D., and the Brain and Spine Institute at Temple University Hospital, Appellees. Supreme Court of Pennsylvania.Argued: October 15, 2007. Decided: December 17, 2008. Appeal from the Court of Common Pleas, Philadelphia County, Civil Division, No. 2642, Quinones […]

50 A.2d 666 United States Gypsum Company, Appellant, v. Birdsboro Steel Foundry and Machine Company. Supreme Court of Pennsylvania.January 13, 1947. January 28, 1947. Appeals — Courts — Jurisdiction — Supreme Court — Superior Court — Amount in controversy — Determination — Amount of judgment — Acts of June 24, 1895, P. L. 212 and […]

27 A.3d 1014 COMMONWEALTH OF PENNSYLVANIA, Respondent v. WILBERT FUENTES, Petitioner. No. 273 EAL 2011.Supreme Court of Pennsylvania, Eastern District. August 16, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 16th day of August, 2011, the Petition for Allowance of Appeal is DENIED. Page […]

114 A.2d 101 Good v. Pittsburgh, Appellant. Supreme Court of Pennsylvania.March 15, 1955. May 23, 1955. Negligence — Contributory negligence — Highway defect — Vibration breaking gas pipe — Gas explosion — Restatement, Torts. 1. Contributory negligence is conduct on the part of the plaintiff which falls below the standard to which he should conform […]

690 A.2d 1146 Ernest CLEVELAND, Jr. and Winifred Cleveland, H/W, Appellants v. JOHNS-MANVILLE CORP., Johns Manville Sales Corp., Manville Corp., Raybestos Manhattan, Inc., GAF Corp., Unarco Industries, Inc., Celotex Corp., H.K. Porter Co., Inc., Southern Textile Corp., Eagle-picher Industries, Inc., Pacor, Inc., Keene Corp., Garlock, Inc., Owens-Illinois Glass Co., Pittsburgh Corning Corp., Amatex Corp., Owens-Corning […]

901 A.2d 499 JAMES U. LUX, Petitioner v. GERALD E. ORT TRUCKING, INC., ORT TRUCKING, INC., SIMON TRANSPORTATION SERVICES, INC., R. AND F. MILLER, INC., SAMUEL THOMAS KNIGHT, EDDIE C. ROBERTS, JAMIE HARVEY PARKER, AND PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondents. No. 698 WAL 2005.Supreme Court of Pennsylvania, Western District. June 26, 2006. No. 698 WAL […]

707 A.2d 1138 Arthur Lee BUCEK, Respondent, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Petitioner. Supreme Court of Pennsylvania. April 1, 1998. Petition No. 374 Western District Allocatur Docket 1997, for Allowance of Appeal from the Commonwealth Court. Timothy P. Wile, Harrisburg, for petitioner. ORDER PER CURIAM: AND NOW, this 1st […]

793 A.2d 905 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DEMETRIUS GRANT, Petitioner. No. 506 WAL 2001.Supreme Court of Pennsylvania, Western District. December 17, 2001. No. 506 WAL 2001, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 17th day of December, 2001, the Petition for Allowance of Appeal […]

384 A.2d 1209 Samuel TRACHTENBURG and Celia Trachtenburg, his wife, Irwin A. Saron and Miriam Saron, his wife, Herman Saron and Idwona Saron, his wife, v. SIBARCO STATIONS, INC., Appellant. Ludwig BAUM and Margarete Baum, his wife, v. SIBARCO STATIONS, INC., Appellant. Jacob HEPPS and Mary Hepps, his wife, and Samuel W. Hepps and Florence […]

880 A.2d 1240 ALTON D. BROWN, Petitioner v. ANTHONY BOVO, KEVIN GEPPERT, HEATH ASHMUN AND JON NORDQUIST, Respondents. Supreme Court of Pennsylvania, Western District. August 16, 2005. No. 520 WAL 2004, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM. AND NOW, this 16th day of August, 2005, the […]

848 A.2d 927 COMMONWEALTH OF PENNSYLVANIA, Respondent v. TYZAHAE DAVENPORT, Petitioner. No. 542 EAL 2003.Supreme Court of Pennsylvania, Eastern District. April 21, 2004. No. 542 EAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 21st day of April, 2004, the Petition for Allowance of […]

638 A.2d 968 COMMONWEALTH of Pennsylvania, Appellee, v. Michael HARTMAN, Appellant. Supreme Court of Pennsylvania.Argued: October 21, 1992. Decided: March 14, 1994. Appeal from the Court of Common Pleas of Philadelphia County, Criminal Division, at Nos. 8706-2010, 2011, 2012, Thomas D. Watkins, J. Page 212 John W. Packel, Chief, Appeals Div., Stuart B. Lev, Philadelphia, […]

252 A.2d 195 Commonwealth v. Pent. Supreme Court of Pennsylvania. April 23, 1969. Submitted March 17, 1969. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ. Appeal, No. 141, March T., 1969, from order of Superior Court, April T., 1968, No. 315, affirming order of Criminal Courts of Butler County, Court of […]

290 A.2d 98 Roth v. Tucker et al., Appellants. Supreme Court of Pennsylvania.March 16, 1972. April 20, 1972. Elections — Primary elections — Position on ballot — Presidential primaries — Grouping of candidates according to whether candidate is committed or uncommitted to specific presidential aspirant. 1. Both § 915 and § 1002(b) of the Pennsylvania […]

909 A.2d 797 Leonard BOLDEN, Appellee, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant. No. 12 EAP 2006.Supreme Court of Pennsylvania.Argued October 16, 2006. Decided November 3, 2006. Appeal No. 12 EAP 2006 from the Order of the Commonwealth Court entered on April 1, 2005 at No. 1361 C.D. 2004, affirming the Order of the Court of […]

722 A.2d 1041 LORREN R. GARDNER, Appellee v. ERIE INSURANCE COMPANY, Appellant. No. J-152-98.Supreme Court of Pennsylvania, Western District.Argued: September 14, 1998. Decided: January 26, 1999. Page 60 Appeal from 109 W.D. Appeal Dkt. 1997. Appeal from the Order of the Superior Court at No. 1075PGH96 entered February 5, 1997, reargument denied April 14, 1997, […]

242 A.2d 438 McClelland Appeal. Supreme Court of Pennsylvania.March 19, 1968. May 21, 1968. Contracts — General release — Eminent domain case — Release to Commonwealth — Effect. 1. In this eminent domain case in which the property owner had executed a written release of the Commonwealth “from all suits, damages, claims and demands whatsoever, […]

118 A.2d 142 Mazeika, Appellant, v. American Oil Company. Supreme Court of Pennsylvania.October 11, 1955. November 14, 1955. Courts — Jurisdiction — Equity — Nuisance — Zoning — Appeal from board of adjustment — Scope of review — Equitable principles — County Court of Allegheny County — Scope of jurisdiction — Act of May 5, […]

895 A.2d 1260 COMMONWEALTH OF PENNSYLVANIA, Respondent v. RANDY MATTHEWS,[35] Petitioner. Supreme Court of Pennsylvania, Eastern District. March 3, 2006. [35] Justice BALDWIN did not participate in the consideration or decision of this matter. No. 588 EAL 2005. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, […]

585 A.2d 454 COMMONWEALTH of Pennsylvania, Appellee, v. Roger Seamon PROCTOR, Appellant. Supreme Court of Pennsylvania.Argued September 25, 1990. Decided January 16, 1991. Reargument Denied March 13, 1991. Appeal from the Court of Common Pleas, Crawford County, No. 1985-759, Robert L. Walker, J. Page 247 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

302 A.2d 337 Commonwealth v. Mercier, Appellant. Supreme Court of Pennsylvania.November 10, 1971. March 16, 1973. Criminal Law — Evidence — Confession — Miranda warnings — Expression of desire to exercise Miranda rights — Necessity of cessation of all interrogation — Reading of statement given by a third party which implicates the accused — Burden […]