Legal Opinion · Dissent

Shrum v. Atlantic Crushed Coke Co.

Pennsylvania Court of Common Pleas, Westmoreland County

Decided February 28, 1955No. 114Published

1Dissent

Dissenting Opinion

Laird, P. J.,

I regret that I must dissent from the majority opinion in this matter but I am totally unable to agree with their interpretation of the law. I have no doubt that claimant is deserving and that she needs the award but I am unable to agree on the advisability of returning the case to the board.

Conceding for the sake of the argument that petitioner’s decedent had silicosis and that it was the cause of his death, returning the case to the board will not avail claimant anything and will only add to her expense and prolong her bereavement.

It is not conceded by…

2Cases cited6 opinions

  1. Jones v. Philadelphia & Reading Coal & Iron Co.Superior Court of Pennsylvania · 1943
  2. Mucha v. Bayard & Co., Inc.Superior Court of Pennsylvania · 1954
  3. Reichert v. Pa. R.R. Co. (Et Al.)Superior Court of Pennsylvania · 1944
  4. Valent v. Berwind-White Coal Mining Co.Superior Court of Pennsylvania · 1953
  5. Wonderlick v. Philadelphia & Reading Coal & Iron Co.Superior Court of Pennsylvania · 1951

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