Fekete v. Lehigh & Wilkes-Barre Coal Co.

Citations

• 71 Pa. Super. 231
• 1919 Pa. Super. LEXIS 74

Syllabus

<p>Negligence — Workmen’s compensation — Accident not in the course of employment — Violating orders — Contributory negligence.</p> <p>1. Where a claimant was returning from work on a train provided by the employer and where he volunteered to assist a patcher in the discharge of his duties, and in so doing met with an accidental injury to his hand, he is not entitled to compensation.</p> <p>2. Where the plaintiff was a mere volunteer, rendering service in a matter in which he was neither required nor expected to act, nor justified by any emergency for the protection of life and property, and is injured, he cannot be considered to have been injured in the course of his employment and he is not entitled to compensation.</p>