Legal Opinion

Menendes v. Dravo Construction Co.

Superior Court of Pennsylvania

Decided April 17, 1933No. Appeal 201PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Keller, J.,

The claimant employe in this case was very negligent in attempting to use the belt conveyor at which he was working, loading sacks of cement to be transported thereon from the lower deck to the upper deck of the barge, as a means of conveyance for himself— a sort of rude escalator — in going from the lower to the upper deck for a drink of water, while so at work. But negligence — even gross negligence — does not deprive a workman of compensation for injury received from an accident while in the course of his employment: Workmen’s Compensation Act of 1915, Sec. 301, p.…

2Cases cited8 opinions

  1. Shoffler v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
  2. Dzikowska v. Superior Steel Co.Supreme Court of Pennsylvania · 1918
  3. Dickey v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1929
  4. Gurski v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1918
  5. Blouss v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hall v. Carnegie Institute of TechnologySuperior Court of Pennsylvania · 1952
  2. Conley v. Pittsburgh Coal Co.Superior Court of Pennsylvania · 1945
  3. Lupton v. Glenn's Oyster House, Inc.Missouri Court of Appeals · 1954
  4. Delbene v. PineSuperior Court of Pennsylvania · 1941

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