Coccaro v. Herman Coal Co.

Hirt, J.,

Opinion by

On June 4, 1938, J. B. Ooccaro, claimant’s husband, was killed in an accident when the coal tipple, on which he was pushing loaded cars, collapsed. The board on the appeal of the insurance carrier affirmed the award of the referee on the finding that he then “was an employee of a cooperative unincorporated association known as Herman Coal Company” and that the carrier was liable. The lower court, on appeal, concluding that the testimony established that decedent was an employer and not an employee, reversed and entered judgment for defendants.

There are facts which are not…