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BAUR v. MESTA MACH. CO.

393 Pa. 380 (1958)

Baur, Appellant, v. Mesta Machine Company.

Supreme Court of Pennsylvania.

June 30, 1958.

Attorney(s) appearing for the Case

Clyde E. Donaldson, for appellant.

Henry E. Rea, Jr., with him Alan D. Riester, and Brandt, Riester, Brandt & Malone, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, June 30, 1958:

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,...

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