Opinion

Barrett v. Otis Elevator Co.

  • 431 Pa. 446
  • 246 A.2d 668
  • 1968 Pa. LEXIS 641
Court
Supreme Court of Pennsylvania
Filed
Oct 3, 1968
Status
Published
Author
Bell
On the bench
Bell, Mtjsmanno, Jones, Cohen, Eagen, O'Brien, Roberts
Cited by
147 cases

"The burden of proof may be placed on the party who must prove the existence of a fact rather than on the party who must prove its nonexistence."

How later courts described this case

  • "The burden of proof may be placed on the party who must prove the existence of a fact rather than on the party who must prove its nonexistence."
  • "If the existence or nonexistence of a fact can be demonstrated by one party to a controversy much more easily than by the other party, the burden of proof may be placed on that party who "can discharge it most easily.”
  • burden of proof may be placed on party who must prove existence of fact rather than on party who must prove its nonexistence
  • the trier of fact is not required to accept uncontradicted testimony as true

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Chief Justice Bell:

Notwithstanding the interesting ramblings by the majority in the field which used to be the legal field of Workmen’s Compensation, but has now been changed by it to the field of human emotions and equities, it still ought to be the law in Workmen’s Compensation cases, as it is in the field of trespass and in other fields of the law, that the person who has the burden of proof to sustain his claim has to produce competent and adequate evidence to sustain his claim. This has been and should continue to be the law, even though the opposite party is in a better position to possess or acquire the essential facts or the necessary knowledge. I would cast upon the claimant the burden of proving his claim to total or partial disability, and if the latter, further proof that employment for a person with Ms Mnd of partial disability is not available to him. Any other standard or requirement or burden is founded upon emotion and not law, and makes a travesty of the law.

For these reasons, I would affirm the Workmen’s Compensation Board and the Superior Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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