Opinion

Riley v. Pennsylvania Railroad

  • 137 Pa. Super. 290
  • 8 A.2d 448
  • 1939 Pa. Super. LEXIS 42
Court
Superior Court of Pennsylvania
Filed
Oct 25, 1939
Status
Published
On the bench
Keller, Cunningham, Baldrige, Stadtfeld, Parker, Rhodes, Hirt
Cited by
1 cases
Authority
More cited than 45.4%

The opinion

Per Curiam,

This case is ruled against tbe appellant by tbe decisions of this court in

Sigler v. Pittsburgh & Lake Erie

*292

Railroad,

127 Pa. Superior Ct. 458, 461 , 193 A. 362 , and

Mason v. Reading Company,

129 Pa. Superior Ct. 289 , 195 A. 754 , in which Judge Parker reviewed the relevant governing decisions of the United States Supreme Court.

The evidencé in the record supports a finding that the claimant, at the time of his injury, was employed by the Pennsylvania Railroad Company as a car inspector in its eastbound receiving yard at Altoona; his duty was to inspect cars arriving there, preparatory to their classification in the yard and their assembly into new trains made up of cars going to the same destinations, for the purpose of seeing if they were in condition to continue their journey; that cars traveling in interstate and intrastate transportation, indiscriminately mixed in arriving trains, were inspected by him as they came into the yard in the average proportion of five interstate to one intrastate car.

His duties, therefore, were not separable between interstate and intrastate transportation. The inspection was deemed necessary for the safety of

all

cars and

all

trains, passenger and freight, moving over the

defendant’s railroad,

which might be injured by transporting a defective car, and, under the foregoing decisions, the interstate character of the work predominated, and the burden of showing that he was not actually engaged in interstate transportation at the time he received his injury rested on the claimant.

The Workmen’s Compensation Board held that he had not met this burden, and refused his claim for compensation. The evidence supported the board’s findings of fact, and the legal conclusion properly followed the findings.

The judgment is 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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