Waite v. Pittsburgh Limestone Co.

Citations

• 78 Pa. Super. 7
• 1921 Pa. Super. LEXIS 329

Syllabus

<p>Warlcmen’s Compensation Law — Injuñes during noonday meal period — Injuries received while at a place not required to he — Wilful misconduct.</p> <p>A cart driver who was hurt by falling through an unprotected opening in the haymow of his employer’s stable where, because of the cold, he had gone to eat his noonday meal, during the time allowed for that purpose, is entitled to compensation under the Workmen’s Compensation Act of 1915.</p> <p>A general prohibition against the employees going into the haymow to eat does not forfeit the right to compensation of one who went there for that purpose without objection from the stable boss on the day he was hurt, in the absence of any evidence that he ever had notice of such restriction.</p> <p>There is no provision in tbe Pennsylvania law for a forfeiture of compensation by reason of tbe employee’s wilful misconduct.</p>