McCarl v. Houston Borough
Supreme Court of Pennsylvania
Appeal, No. 60, Oct. T., 1918, by defendant, from order of O. P. Washington Co., Aug. T., 1917, No. 41, dismissing exceptions to award of Workmen’s Compensation Board in case of Elizabeth McCarl v. Houston Borough. Appeal from decision of Workmen’s Compensation Board. Before McIlvaine, P. J. The court dismissed the exceptions. Error assigned was order dismissing exceptions.
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Appeal, No. 60, Oct. T., 1918, by defendant, from order of O. P. Washington Co., Aug. T., 1917, No. 41, dismissing exceptions to award of Workmen’s Compensation Board in case of Elizabeth McCarl v. Houston Borough. Appeal from decision of Workmen’s Compensation Board. Before McIlvaine, P. J. The court dismissed the exceptions. Error assigned was order dismissing exceptions. That a policeman is not a servant, but an officer, is established by a long line of decisions in this State: Elliott v. Philadelphia, 75 Pa. 347; Norristown v. Fitzpatrick, 94 Pa. 121; Fire Insurance Patrol v. Boyd, 120…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
James A. McCarl, a police officer of the Borough of Houston, was kicked in the abdomen by a criminal he was arresting, and as a result thereof died the next day. His widow and three minor children made claim under the Workmen’s Compensation Act of June 2, 1915, P. L. 736. The borough resisted the claim. The referee and Workmen’s Compensation Board made an award to her covering a period of 300 weeks, and to the minor children after that date and until they severally reached sixteen years of age. The borough appealed, alleging insufficient evidence to sustain the…
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