Messinger v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1918, by plaintiff, from judgment of C. P. Philadelphia Co., Dec. T., 1917, No. 788, dismissing appeal from Workmen’s Compensation Board sustaining findings of fact by referee in case of Myrtle Messinger v, Lehigh Valley Railroad Co. Appeál from Workmen’s Compensation Board. Before Barratt, J/ The facts appear by the opinion of the Supreme Court. The lower court dismissed the appeal from the Workmen’s Compensation Board. Plaintiff appealed.
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Appeal, No. 50, Jan. T., 1918, by plaintiff, from judgment of C. P. Philadelphia Co., Dec. T., 1917, No. 788, dismissing appeal from Workmen’s Compensation Board sustaining findings of fact by referee in case of Myrtle Messinger v, Lehigh Valley Railroad Co. Appeál from Workmen’s Compensation Board. Before Barratt, J/ The facts appear by the opinion of the Supreme Court. The lower court dismissed the appeal from the Workmen’s Compensation Board. Plaintiff appealed. Error assigned, among others, was in dismissing the appeal.
1Opinion of the Court
Opinion by
Mr. Justice Moscpizisker,
Plaintiff claimed compensation for the death of her husband, who was accidentally killed in the course of his employment with defendant; the referee disallowed the claim on the ground that, at the time of the accident, “the employer and employee were then engaged in interstate commerce,” and, therefore, the Workmen’s Compensation Act of Pennsylvania could not apply, citing New York Central R. R. Co. v. Winfield, 244 U. S. 147, 152, and Erie R. R. Co. v. Winfield, 244 U. S. 170, 172.
An appeal was taken to the Workmen’s Compensation Board, attacking the…
2Cases cited4 opinions
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- McCauley v. Imperial Woolen Co.Supreme Court of Pennsylvania · 1918
- Poluskiewicz v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1917
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- Gallagher v. Walton Mfg. Co.Supreme Court of Pennsylvania · 1919
- Gallagher v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919
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