Diehl v. Keystone Alloys Co.

Opinion by

Mr. Justice Bok,

In this workmen’s compensation case the question is whether claimant’s decedent was the defendant’s employe or an independent contractor. He was hauling a truckload of storm windows from Greensburg, Pennsylvania, to Anchorage, Alaska, and when on the Alcan Highway near Palmer was overtaken by what Melville has called an eclipsing menace, mysterious and prodigious. His truck went over the edge while going down a mountain and a steep curve, and he was killed. It was September 9, 1954, and death was obviously accidental.

The referee held that he was an employe and…