The opinion
Concurring Opinion by
Rhodes, J.,
November 13, 1942:
I concur in the conclusion that under the facts of
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this case the board correctly held there was no evidence of 'an “accident” within the meaning of the Workmen’s Compensation Act. It is also true that the presence of pain does not in and of itself show an injury by accident at the time the pain is felt.
I do not agree, however, with the unqualified statement that specific earlier cases in this court, such as
Betts v. American Stores Co. et al.,
105 Pa. Superior Ct. 452 , 161 A. 589 ,
Cowell v. F. W. Woolworth Co.,
119 Pa. Superior Ct. 185 , 180 A. 752 ,
Witt v. Witt’s Food Market et al.,
122 Pa. Superior Ct. 557 , 186 A. 275 (allocatur refused), have been limited or modified by the later Supreme Court decisions of
Adamchick v. Wyoming Valley Collieries Co.,
332 Pa. 401 , 3 A. (2d) 377,
Harring v. Glen Alden Coal Co.,
332 Pa. 410 , 3A. (2d) 381,
Crispin v. Leedom & Worrall Co. et al.,
341 Pa. 325 , 19 A. (2d) 400, or by later cases in this court cited in the majority opinion, such as
Paydo v. Union Collieries Co.,
146 Pa. Superior Ct. 385 , 22 A. (2d) 759,
Toohey v. Carnegie Coal Corp.,
150 Pa. Superior Ct. 297 , 28 A. (2d) 362,
Brodbeck v. W. F. Trimble & Sons Co. et al.,
150 Pa. Superior Ct. 299 , 27 A. (2d) 732. Such SAveeping generalization is unnecessary to a decision of the instant case, and should not have been made. The same is true of the Toohey and Brodbeek. cases where similar statements also appear as dicta. On their particular facts compensation was properly alloAved in the Betts, Cowell and Witt cases. Moreover, the Witt case and decisions following it stand for and embody certain principles which have not, in my opinion, been changed either specifically or by clear implication by the Adamchick, Harring and Crispin cases.
In
Camilli v. Pennsylvania Railroad Co.,
135 Pa. Superior Ct. 510 , 7 A. (2d) 129 (allocatur refused), Judge Hirt, citing the Betts case and quoting from the Witt case, stated (pp. 513, 514) : “ 'An injury by accident may occur in the course of the normal duties of
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an employee and without overexertion, when a strain, sprain, or twist causes a break or sudden change in the physical structure or tissues of the body.’ ” We reiterated these principles in
Palermo v. North East Preserving Works Inc. et al.,
141 Pa. Superior Ct. 211, 215 , 15 A. (2d) 44, expressly recognizing the fact they had not been overruled by the Adamchick case. Judge Parker (now Mr. Justice Parker) speaking for this court in
Vitanza v. Iron City Produce Co. et al.,
131 Pa. Superior Ct. 441 , 200 A. 311 , (allocatur refused), cited the Betts, Cowell and Witt cases, and
Falls v. Tennessee Furniture Co. et al.,
122 Pa. Superior Ct. 550 , 186 A. 272 , stating (pp. 445, 446) : “In this line of cases...... the unusual twist, strain, or sprain was an unusual happening.......While we have in some cases referred to the injury to the body as an accident, it is more accurate to say that from the character of the injury taken with the circumstances we may infer an accident.” We have quoted with approval from the Witt case as recently as
Orlandini v. Volpe Coal Co.,
145 Pa. Superior Ct. 129, 133 , 20 A. (2d) 870 (Cunningham, J., 1941). See also
Eckman v. United States Lock & Hardware Co. et al.,
146 Pa. Superior Ct. 513, 518, 519 , 23 A. (2d) 232;
Bird v. Brown,
148 Pa. Superior Ct. 534, 539 , 25 A. 2d 857 .
The Supreme Court in the Adamchick case said (p. 410) that “to secure compensation there must be proof both of an accident and of an injury; an accident cannot be inferred merely from an injury. There must be some evidence of an accident, either direct'or circumstantial, in the latter instance clearly and logically indicating it.” There has been a manifest tendency to endeavor to extend these pronouncements beyond their rational limits, and thus make recovery of compensation for accidental injuries sustained by employees in the course of their employment unreasonably difficult. This has become very obvious from the many appeals
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which, have involved merely the sufficiency of the evidence as to the happening of an accident. There is no reason for any attempt to use the Adamchick, Harring and Crispin cases as impediments to the liberal and proper administration of the Workmen’s Compensation Law; they merely reversed awards for alleged accidental injuries which the Supreme Court concluded had no substantial factual support in the evidence. These cases have not limited, modified or changed any fundamental principle previously recognized and applied by this court in the review of compensation cases on appeal.