# Barrett v. Otis Elevator Co.

> Supreme Court of Pennsylvania · October 3, 1968 · 431 Pa. 446

URL: https://www.frixlaw.com/law-library/cases/9645197

## Case

- **Full name:** Barrett, Appellant, v. Otis Elevator Company
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 3, 1968
- **Citations:** 431 Pa. 446; 246 A.2d 668; 1968 Pa. LEXIS 641
- **Precedential status:** Published
- **Opinion:** Dissent by Bell
- **Judges:** Bell, Mtjsmanno, Jones, Cohen, Eagen, O'Brien, Roberts
- **Cited by:** 147 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9645197

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9645197. Public record. Not legal advice.