Mellen v. Delaware, Lackawanna & Western Railroad

Opinion by

Keller, P. J.,

Michael Mellen, an employee of the Delaware, Lackawanna and Western Railroad Company, had his head cut off on February 8, 1937, on his employer’s right of way, by a railroad train operated on its tracks. His widow filed a claim on behalf of herself and her five children, all under sixteen years of age, for compensation under the Workmen’s Compensation Law of 1915, P. L. 736, and its amendments in force at the date of her husband’s death.

The employer filed an answer denying (1) that decedent was in its employ at the time he met his death; (2) that his death was caused…