Opinion

Slipp v. Fidel. Cas. Co. of N.Y.

  • 91 Pa. Super. 526
  • 1927 Pa. Super. LEXIS 226
Court
Superior Court of Pennsylvania
Filed
Oct 5, 1927
Status
Published
Author
Linn
On the bench
Porter, Henderson, Trexler, Keller, Linn, Gawthrop, Cunningham
Cited by
2 cases
Authority
More cited than 69.2%

The opinion

Opinion by

Linn, J.,

This appeal is from a compensation award to a widow. Her deceased husband, employed by appellant, was sent to deliver a draft to William Slipp; on reaching his destination he was obliged to wait a short time until Slipp came in; when Slipp appeared, decedent delivered the draft. Before he left the place, a fight began in the street; the participants rushed into Slipp’s store, and one of them struck decedent, who was not a party to the dispute; the blow caused his death. The evidence does not show clearly how much time elapsed between his delivery of the draft and the assault. The referee found that the time was “only a few minutes,” and that decedent was therefore “actually engaged in the furtherance of the business or affairs of the employer,” within the meaning of Sec. 301,1915, P. L. 736, 739. The board and the court below affirmed. As there is evidence to support the finding, we may not interfere with it. The entire transaction from the time of his entry into the store until the assault was relatively so short, that it cannot be said from the evidence that the continuity of his service was broken; unless it was, liability under the statute followed: Blouss v. D. L. & W. R. R. Co., 73 Pa. Superior

*528

Ct. 95; Dzikowska v. Steel Co., 259 Pa. 578 ; Hale v. Fire Brick Co., 75 Pa. Superior Ct. 454 ; Haddock v. Steel Co., 263 Pa. 120 ; Cymbor v. Binder Coal Co., 285 Pa. 440 .

Judgment affirmed.

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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