Frank Benetic vs. Crucible Steel Co. of America. Supplemental Agreement.

W. H. Bracken vs. Washington Twp. Supervisors, Indiana Co. Adjusted by agreement.

ment.

Jacob Marino vs. Cramer Quarry Co. Adjusted by agree

Patrick Quinn vs. Crucible Steel Co. of America. Adjusted by agreement.

Arthur Ritchie vs. John Faddas. Supplemental to Com. Agreement No. 55119.

Eighth District-Thos. J. Dunn, Referee.

C. P. No. 1779. Clara J. Morgan vs. George W. Arner. Compensation disallowed.

C. P. No. 1820. Thomas Angjelis vs. Jamison Coal & Coke Co. Petition dismissed.

C. P. No. 2028. S. W. Blair vs. Penna. R. R. Co. Compensation disallowed.

C. P. No. 2094. Rankin A. Shupe vs. American Sheet & Tin Plate Co. Compensation disallowed.

C. P. No. 2113. Toney Salino vs. Orenstein-Arthur Koppel Co. Adjusted by agreement.

C. P. No. 1330. Mrs. Rose Spring, et al vs. Delaware & Hudson Co. Compensation awarded.

C. P. No. 1381. Bert Barrier vs. Delaware, Lackawanna & Western Railroad Co. Compensation awarded.

C. P. No. 1439.

Dominic Polisana vs. Hillside Coal & Iron

Co. Compensation disallowed.

C. P. No. 1614. Wm. J. Bevan vs. Lehigh & Wilkes-Barre Coal Co. Compensation disallowed.

C. P. No. 1920. Luigi Chiavarone vs. Lincoln Stone Co. Adjusted by agreement.

C. P. No. 2085. William Stago vs. Lehigh Valley Coal Co. Adjusted by agreement.

C. P. No. 2095. John Brezinsky vs. Lehigh Valley Coal Co. Adjusted by agreement.

C. P. No. 2171. Emma Betterly vs. A. M. Anderson & Bros. Compensation disallowed.

C. P. 2281.

Herbert Painton vs. Worthington Pump and

Machinery Corp. Adjusted by agreement.

Petition for Review of Compensation Agreement No. 28622. Frank Russell vs. C. B. Markle Co. Payments continued to February 19, 1917.

Fourth District-Chester W. Cummings, Referee

C. P. No. 2202. James Murphy vs. Conestoga Transmission Co. Petition dismissed.

Fourth District-Jacob Snyder, Referee, Specially Presiding.

C. P. No. 1778. Owen Shireman vs. Chas. and Wallace Waple, Props. Ward House. Compensation disallowed.

C. P. No. 1844. Richard Clouser vs. Hershey Chocolate Co. Compensation disallowed.

C. P. No. 2091. Harry Rote vs. Keystone Hide Co. Adjusted by agreement.

C. P. No. 2120. James E. Dahr vs. Philadelphia & Reading Railway Co. Compensation awarded.

Compensation Agreement No. 35793. Edward Crotty vs. Receivers. Central Iron & Steel Co. Agreement terminated.

Fifth District-W. W. Champion, Referee.

C. P. No. 1487. Mrs. Joseph Johnson vs. Blossburg Coal Co. Compensation disallowed.

C. P. No. 1935. Allessio Caputo vs. Phila. & Reading Rwy. Co. Adjusted by agreement.

C. P. No. 2332. E. H. Wiest vs. Penna. R. R. Co. Adjusted by agreement.

Sixth District-Jacob Snyder, Referee.

C. P. No. 1853. Andy Veres vs. Springfield Coal Mining Co. Adjusted by agreement.

C. P. No. 1989. Harry R. Berriman vs. Peet & Powers. Compensation awarded.

C. P. No. 2047. Harry Naylor vs. Garret Smokeless Coal Co. Adjusted by agreement.

C. P. No. 2125. Frank Cap vs. Borman Shaft Coal Co. Compensation disallowed.

C. P. No. 2132. Susie Hudock vs. Portage Coal Mining Co. Compensation awarded.

Common Pleas of Allegheny County

JOHN R. SHIPE, ET UX. vs. CHARLES AND CHESTER REED

Defenses to compensation claims-Reckless indifference to danger not a defense.

The fact that an employe was injured by reason of his reckless indifference to danger is a defense available for an employer in a suit at law for damages for such injury. It is not a defense to a claim for compensation.

Article 2 of the Workmen's Compensation Act of 1915 relates only to actions at law for damages. Article 3 thereof relates only to cases where the employer and employe shall have accepted the provisions of that Article.

Appeal from Award of Workmen's Compensation Board. C. P. Allegheny County, No. 2003 Jan. Term, 1917. Affirmed. (For Report of the Award of the Referee, see 2 Dep. Rep. 2518. For Opinion of the Board of Appeal, see 2 Dep. Rep. 2873.)

SHAFER, P. J., Feb. 17, 1917:

Aubrey Shipe, a boy of some eighteen years of age, was employed by the defendants, Charles and Chester Reed, as the driver of an automobile bus. While engaged in that employment he was killed at a grade crossing of a railroad. The allegation of the

defendants is that he did not stop, look and listen, but ran recklessly in front of an approaching train, or at least went on the track without knowing that any train was approaching. The defendants contend that this was "reckless indifference to danger" within the meaning of Section 201, of the Workmen's Compensation Act, and insist that the terms of this section are applicable to cases under Article 3 of that Act as well as in an action at law. Section 301, being the first section of Article 3, provides that compensation is to be made, "without regard to negligence.” We are at a loss to understand how the provisions of Article 2 could be applied to a case under Article 3. Article 2 relates only to the case where action at law has been brought, and Article 3 relates only to a case where the employer and employe shall have by agreement accepted the provisions of that Article, which is the present case.

The appeal is therefore dismissed and the award is affirmed.

Executive Department

APPOINTMENTS.

Trustees for the State Hospital for the Insane at DanvilleWilliam Field Shay, Watsontown, and Edward Brennan, Shamokin.

Justices of the Peace. Schuylkill County-James B. Neale, Foster township; Jacob A. Eberts, West Penn township; George A. Behney, Pinegrove township; George J. Dunn, Girardville; for Kittanning Borough, Armstrong County-George J. Hays, Kittanning Borough.

Water Supply Commission

ACTION TAKEN AT MEETING HELD MARCH 13.

Approved.

Supervisors of College Township, Center County, for permission to construct a bridge over Slab Cabin Run, one mile northwest of Lemont.

Supervisors of Brooklyn Township, Susquehanna County, for permission to construct a bridge across a branch of Horton Creek, 11⁄2 mile north of Lindaville, on Brooklyn Road.

Jones & Laughlin Steel Company, for permission to dredge and dump about 166 cubic yards of material in the Monongahela River, around the pump intake of its Eliza Furnace Department, 4 miles above the mouth of the river, in Pittsburgh, Allegheny County, Pa.

Monroe Water Company, for permission to supply water to the public in the district of Cambria Township, Cambria County, Pa.

Pennsylvania Railroad Company, for permission to construct a 14-ft. semi-circular arch culvert across Sucker Run, 2 miles from place of beginning of proposed Coatesville Branch, said place of beginning being 1,000 feet westward from Pomeroy Station, Valley Township, Chester County, Pa.

Erie Railroad Company, for permission to make an addition to present seven span concrete rail and beam slab bridge, known as No. 104.75, Meadville Division, extending present piers, abutments and slab across a stream leading into French Creek, about 2.25 miles west of Meadville Station (railroad direction), in Crawford County, Pa.

Erie Railroad Company, for permission to make an addition to the south end of a 12-foot stone arch, known as 121.11, Meadville Division, over a stream leading into Crooked Creek, about 0.35 mile west (railroad direction) of the Atlantic Station, in Crawford County, Pa.