adopting the Superior Court dissent as this Court’s opinion
- W. Phila A.C.E. Sch. v. S.D. of Phila., No. 31 EM 2014 (Pa. Feb. 16, 2016).published (adopting the Superior Court dissent as this Court’s opinion)
- West Philadelphia Achievement Charter Elementary Sch. v. Sch. Dist. of Philadelphia, 132 A.3d 957 (Pa. 2016).published (adopting the Superior Court dissent as this Court’s opinion)
322 Pa. at 259 cited at this page1 citing case
- Velasquez v. Depuy, 46 Pa. D. & C.2d 587 (1969).publishedWhat was said by the late President Judge Keller in the minority opinion of the Superior Court in Rohrer v. Milk Control Board, 121 Pa. Superior Ct. 281, 313 , which was adopted by the Supreme Court of Pennsylvania, 322 Pa. 257, 259, 281 (…
322 Pa. at 260 cited at this page1 citing case
- Rigby v. Great Atl. & Pac. Tea Co., 13 A.2d 89 (Pa. Super. Ct. 1939).publishedFurthermore, the principle is well established in this Commonwealth that, “as respects state legislation, in order to declare an Act of the General Assembly unconstitutional, its want of authority to pass the act must clearly appear,—to do…
322 Pa. at 265 cited at this page1 citing case
- Milk Factors, 34 Pa. D. & C. 223 (1938).publishedIn Rohrer v. Milk Control Board, 322 Pa. 257, 265 (1936), it was held: “These facts make the dairy farmer or producer dependent for his return on the use to which the dealer to whom he delivers it puts it.
322 Pa. at 266 cited at this page1 citing case
- Rau v. Milk Control Comm'n, 64 Pa. D. & C. 251 (1946).publishedRohrer v. Milk Control Board, supra, 266, 267 .
322 Pa. at 269 cited at this page1 citing case
- Dornan v. Philadelphia Hous. Auth., 200 A. 834 (Pa. 1938).publishedSee also, as to what constitutes a public purpose for which taxes may be levied: Jones v. City of Portland, 245 U. S. 217 , and Green v. Frazier, 253 U. S. 233 . 9 Linn v. Chambersburg Borough, 160 Pa. 511, 521 ; Wentz v. Philadelphia, 301…
322 Pa. at 277 cited at this page1 citing case
- Chartiers Valley Jt. Schs. v. Allegheny Cnty. Bd. of Sch. Directors, 211 A.2d 487 (Pa. 1965).published Compare Fisher’s Petition, 344 Pa. 96 , 23 A. 2d 878 (1942) (valid to authorize administrative body to fix “fair” wages, considering “cost of living”, “reasonable value of services” and “comparable” wages, etc.) ; Rohrer v. Milk Control Bo…
Other citing cases
- Jackson v. Indep. Sch. Dist. No. 16, 648 P.2d 26 (Okla. 1982).published
- Schwartz v. Laundry & Linen Supply Drivers' Union, Local 187, 14 A.2d 438 (Pa. 1940).published
- Harrisburg Dairies, Inc. v. Eisaman, 11 A.2d 875 (Pa. 1940).published
- Commonwealth v. Licini, 10 A.2d 923 (Pa. Super. Ct. 1939).published
- Milk Control Bd. v. Eisenberg Farm Prods., 200 A. 854 (Pa. 1938).published
- Commonwealth Ex Rel. Margiotti v. Ortwein, 200 A. 859 (Pa. Super. Ct. 1938).published
- Pennsylvania R.R. v. Driscoll, 198 A. 130 (Pa. 1938).published
- Nester Appeal, 144 A.2d 623 (Pa. Super. Ct. 1958).published
v.
Milk Control Board, Appellant
Opinion by
Me. Chief Justice Kephart,The majority of the members of this court, Mr. Justice Schaffer and Mr. Justice Drew dissenting, agree[*282] that the decision certified to us by the Superior Court should be reversed on the dissenting opinion written by President Judge Keller of that court, reported in 121 Pa. Superior Ct. 281. Mr. Justice Schaffer and Mr. Justice Drew are of opinion that the decision of the Superior Court should be affirmed on the opinion of Judge Parker of that court.
Judgment reversed.