Baur v. Mesta MacHine Co.

Opinion by

Mr. Justice Benjamin R. Jones,

Plaintiff instituted an action in trespass to recover for the death of her husband which allegedly resulted from the negligence of his defendant employer, Mesta Machine Company. The court below sustained the defendant’s preliminary objections to the plaintiff’s complaint upon the ground that plaintiff’s exclusive remedy was under the Workmen’s Compensation Act, and, accordingly, dismissed the complaint.

The decedent, regularly employed as a steel chipper in the Roll Shop of defendant’s plant, on February 29, 1956, (the date of his death), was scheduled…