paramount principle in Pennsylvania

1984Id.; McAnallen v. McAnallen, 300 Pa.Super. 406 , 446 A.2d 918 (1982); Sykora v. Sykora, 259 Pa.Super. 400 , 393 A.2d 888 (1978); In re Russo, 237 Pa.Super. 80 , 346 A.2d 355 (1975).

1984Id.; McAnallen v. McAnallen, 300 Pa.Super. 406 , 446 A.2d 918 (1982); Sykora v. Sykora, 259 Pa.Super. 400 , 393 A.2d 888 (1978); In re Russo, 237 Pa.Super. 80 , 346 A.2d 355 (1975).

1981Tobias v. Tobias, 248 Pa.Super. 168 , 374 A.2d 1372 (1977). “[T]he rule must yield to the paramount principle that the best interests of each child must be the determining factor.” In Re Russo, 237 Pa.Super. 80, 85 , 346 A.2d 355, 357 (1975).

1981Tobias v. Tobias, 248 Pa.Super. 168 , 374 A.2d 1372 (1977). “[T]he rule must yield to the paramount principle that the best interests of each child must be the determining factor.” In Re Russo, 237 Pa.Super. 80, 85 , 346 A.2d 355, 357 (1975).

1978The paramount test in determining whether a certificate should be granted is whether or not it is in the pubbc interest: Leaman Transportation Company v. Pennsylvania Public Utility Commission, 175 Pa. Superior Ct. 553 , 106 A. 2d 901 (1954).

1978The paramount test in determining whether a certificate should be granted is whether or not it is in the pubbc interest: Leaman Transportation Company v. Pennsylvania Public Utility Commission, 175 Pa. Superior Ct. 553 , 106 A. 2d 901 (1954).

1978The extent of competition is basically a matter within the administrative discretion of the Commission which once having been determined by the Commission wbl not be disturbed unless it is without support in the evidence or is so arbitrary, capricious and unreasonable as to amount to an error of law or violation of constitutional rights: Chemical Leaman Tank Lines, Inc. v. Pennsylvania Public Utility Commission, 201 Pa. Superior Ct. 196 , 191 A. 2d. 876 (1963); Reeder v. Pennsylvania Pub lic Utility Commission, 192 Pa. Superior Ct. 298 , 162 A. 2d 231 (1960).

1978The extent of competition is basically a matter within the administrative discretion of the Commission which once having been determined by the Commission wbl not be disturbed unless it is without support in the evidence or is so arbitrary, capricious and unreasonable as to amount to an error of law or violation of constitutional rights: Chemical Leaman Tank Lines, Inc. v. Pennsylvania Public Utility Commission, 201 Pa. Superior Ct. 196 , 191 A. 2d. 876 (1963); Reeder v. Pennsylvania Pub lic Utility Commission, 192 Pa. Superior Ct. 298 , 162 A. 2d 231 (1960).

1978The extent of competition is basically a matter within the administrative discretion of the Commission which once having been determined by the Commission wbl not be disturbed unless it is without support in the evidence or is so arbitrary, capricious and unreasonable as to amount to an error of law or violation of constitutional rights: Chemical Leaman Tank Lines, Inc. v. Pennsylvania Public Utility Commission, 201 Pa. Superior Ct. 196 , 191 A. 2d. 876 (1963); Reeder v. Pennsylvania Pub lic Utility Commission, 192 Pa. Superior Ct. 298 , 162 A. 2d 231 (1960).

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1967Schappell Estate, 424 Pa. 390 , 227 A. 2d 651 ; Moltrup Estate , 424 Pa., supra; Purnell Estate , 424 Pa., supra; Wachstetter Will, 420 Pa. 219 , 216 A. 2d 66 ; Hoover Estate, 417 Pa. 263 , 207 A. 2d 840 ; Houston Estate, 414 Pa. 579, 586 , 201 A. 2d 592 ; Lyman Estate , 366 Pa., supra. These cases reiterate the well established guideUnes which enable a Court to ascertain and determine a testator’s intent, and are so recent that quotations therefrom are unnecessary.

1962Tax Assessment Case, 391 Pa. 94 , 137 A. 2d 273 (1958); and Buhl Foundation v. Board of Property Assessment, Appeals and Revieto, supra. The lower court concluded that the appellant failed to establish that this paramount rule was violated.

1962Tax Assessment Case, 391 Pa. 94 , 137 A. 2d 273 (1958); and Buhl Foundation v. Board of Property Assessment, Appeals and Revieto, supra. The lower court concluded that the appellant failed to establish that this paramount rule was violated.

1952In Missouri Valley Bridge & Iron Co. v. Blake, 231 Fed. 417, 420-421 , also relied on by plaintiff, it was held that an act of congress relating to government property was “designed for the protection of the government and can be invoked, as its provisions plainly indicate, only by the United States”, but there is no such limitation in the acts of congress relating to customs duties.

1952In Two Hundred and Fifty Tons of Salt, 5 Fed. 216, 218 , relied on by plaintiff, the lien of a shipowner for freight was preserved, subject to the paramount claim for customs duties, in accordance with an act of congress specifically providing therefor (see 19 U. S. C. §1564 ), whereas there is no act of congress for the benefit of persons such as the present plaintiff.

1946As was stated by former Chief Justice LEWIS in Bank of Montgomery v. Reese , 26 Pa. 143 , 146 , "The paramount rule in assessing damages is that every person unjustly deprived of his rights should at least be fully compensated for the injury he sustained".

1946In Kountz v. Kirkpatrick Lyons , 72 Pa. 376 , 387 , Mr. Justice AGNEW quoted from Sedgwick on Damages (4th ed., pp. 28, 29; also, pp. 36, 37) to the effect that " 'the declared object [of damages] is to give compensation to the party injured for the actual loss sustained' ".

1933But when the bonds fell due and the principal thereof was not paid, as this appellant agreed it would be, the debt evidenced thereby became a paramount claim, and defendant would not have had the right to pay to this appellant a dividend on its outstanding stock, until it had first paid its debts to its bondholders: Branch v. Kaiser, 291 Pa. 543, 549 .

1932Appellant’s cases, holding that the assignee of a bond normally takes it at his peril, subject to every defense then existing or that it might be subjected to in the hands of the assignor, do not apply: Volk v. Shoemaker, 229 Pa. 407 ; Duquesne Bank, 74 Pa. 426 .

1932Appellant’s cases, holding that the assignee of a bond normally takes it at his peril, subject to every defense then existing or that it might be subjected to in the hands of the assignor, do not apply: Volk v. Shoemaker, 229 Pa. 407 ; Duquesne Bank, 74 Pa. 426 .

1928In Wilson v. Whitaker, 49 Pa. 114, 117 , an action on a contract to recover for the failure to deliver stock sold, which, without the knowledge of the vendor, had been previously sold to another by his agent, it was held that the rule of the Reese Case did not apply.

1923Not until after that time could any question of subrogation possibly arise, and, when it did, there is no doubt that in good conscience the bank should return the money which was paid in order to satisfy the paramount claim of the carriers: Lackawanna Trust & Safe Deposit Co. v. Gomeringer, 236 Pa. 179 ; Donnan v. Barnes, 272 Pa. 33 .

1923Not until after that time could any question of subrogation possibly arise, and, when it did, there is no doubt that in good conscience the bank should return the money which was paid in order to satisfy the paramount claim of the carriers: Lackawanna Trust & Safe Deposit Co. v. Gomeringer, 236 Pa. 179 ; Donnan v. Barnes, 272 Pa. 33 .