Furferi v. Pennsylvania R.R. Co.

The opinion of the court was delivered by

Heher, J.

This is a proceeding under the Workmen’s Compensation act. Pamph. L. 1911, pp. 134, 763, as amended. The deputy commissioner found that the employe had suffered, by accident arising out of and in the course of his employment with the respondent, a fatal accidental “aggravation” of a conceded pre-existing inguinal hernia; and the Mercer Common Pleas affirmed the consequent judgment.

The evidence adduced by petitioner tended to prove that on August 15th, 1933, the deceased, while engaged with fellow-workmen in lifting railroad ties from the floor…