Ellwood Consolidated Water Co. v. Johnson

This troublesome case presents the difficult question of whether a contractual provision, otherwise controlling between the parties, is unenforceable, because it is contrary to public policy. The district court so held and I believe we should affirm. Accordingly, I respectfully dissent.

By the Act of May 18, 1937, P.L. 654, as amended, 43 P.S. 25-1 et seq., the Pennsylvania legislature required that all places or “establishments” within the state where persons work must meet certain minimum standards of safety. The intention of the act clearly was to protect workingmen by requiring safe…