Opinion

Brokaw v. State Workmen's Insurance Fund

  • 129 Pa. Super. 266
  • 195 A. 784
  • 1937 Pa. Super. LEXIS 335
Court
Superior Court of Pennsylvania
Filed
Nov 16, 1937
Status
Published
Author
Keller
On the bench
Keller, Cunningham, Baldrige, Stadtfeld, Parker, James, Rhodes
Cited by
1 cases

The opinion

Dissenting Opinion by

Keller, P. J.:

This case is distinguished from the decisions relied on in the majority opinion by two concurring undisputed matters of fact: (1) The claimant’s duties as an employee were ordinarily confined to services within the building. She was secretary to the treasurer of the school. Unless she was sent out on a special errand her duties were performed within the building. (2) She had her residence in the school building. She boarded and lodged there. Hence on returning to the school from her visit to Philadelphia, where she had gone on a purely personal errand, she was on her way back to her rooms for the night, and the personal character of her errand did not end until she arrived at the building — the ‘premises’ — where she worked. The fact that she may have intended before retiring for the night, to go to the office to see if any mail had been delivered in her absence did not make her return home an act

*272

in furtherance of her employer’s business, until she got to the ‘premises’ where she was employed, that is, the building. She was not

required

to go to the office that night, and was simply returning home from a private errand when hurt.

I would reverse the judgment.

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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