BEHREND v. BELL TEL. CO.


257 Pa.Super. 35 (1978)

390 A.2d 233

Kenneth W. BEHREND, Appellee, v. The BELL TELEPHONE COMPANY of Pennsylvania, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.


Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, with him Donald P. Eriksen, Pittsburgh, for appellant.

James E. Beasley, Philadelphia, with him Jeffrey M. Stopford, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


JACOBS, President Judge:

This case is before us on remand from the Supreme Court1 to decide whether the limitation of damages provision of Bell's tariff is valid under Article III, Section 18 of the Pennsylvania Constitution:

"The General Assembly may enact [workmen's compensation laws] . . . but in no other cases shall the General Assembly limit the amount to be recovered . . for injuries to persons or property. . . ....

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