Polk v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 135, Jan. T., 1920, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1918, No. 1919, dismissing appeal from Workmen’s Compensation Board which affirmed an award of compensation made by the Referee in the case of Marie E. Polk v. Philadelphia & Reading Railway Co. Appeal from decision of Workmen’s Compensation Board which affirmed an award of compensation made by the referee on account of the death of claimant’s husband.
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Appeal, No. 135, Jan. T., 1920, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1918, No. 1919, dismissing appeal from Workmen’s Compensation Board which affirmed an award of compensation made by the Referee in the case of Marie E. Polk v. Philadelphia & Reading Railway Co. Appeal from decision of Workmen’s Compensation Board which affirmed an award of compensation made by the referee on account of the death of claimant’s husband. The referee found as a fact that plaintiff’s husband was an employee of defendant, and further found, inter alia, as follows: “The defendant…
1Opinion of the Court
Per Curiam,
The defense set up by the appellant to the claim made by the appellee for compensation for the death of her husband is that at the time he received his injuries he was a brakeman in its employ in connection with its interstate commerce business. The referee found that he was an employee of the appellant on a freight train, in the Port Richmond yard, in Philadelphia, at the time of his injuries, which resulted in his death on August 29, 1917. There was no presumption as to the character of his employment. If it was in connection with interstate commerce, as is alleged by appellant,…
2Cases cited2 opinions
- Murray v. Pittsburgh, Cincinnati, Chicago & St. Louis R. R.Supreme Court of Pennsylvania · 1919
- Hench v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
3Cited by6 opinions
- Elder v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1935
- Albright v. Pennsylvania R.Court of Appeals of Maryland · 1944
- Peak v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1935
- Sullivan v. United States Shipping Board Emergency Fleet Corp.Superior Court of Pennsylvania · 1921
- Di Donato v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
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