Delahunty v. Lower Chichester Township

Opinion by

Keller, P. J.,

This workmen’s compensation case, brought by the dependent mother of a volunteer fireman, is ruled in principle by our decision in Lees v. State Workmen’s Insurance Fund and Borough of Ferndale, 146 Pa. Superior Ct. 70, 22 A. 2d 61, (Appeal refused by the Supreme Court, November 26, 1941). The facts in this case bring it squarely within the hypothetical example suggested by us in the Lees case, as follows: “If the fire had broken out in Lees’ home after he was in bed and asleep, and he had been killed in an attempt to fight his way out of the burning house, could it be…