Di Donato v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 12, Jan. T., 1920, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1918, No. 2020, affirming decision of Workmen’s Compensation Board, which affirmed a referee’s award in favor of claimant, in case of Maria Domenica Di Donato v. Philadelphia & Reading Railway Company.
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Appeal, No. 12, Jan. T., 1920, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1918, No. 2020, affirming decision of Workmen’s Compensation Board, which affirmed a referee’s award in favor of claimant, in case of Maria Domenica Di Donato v. Philadelphia & Reading Railway Company. Petition under the Workmen’s Compensation Act asking an award for the death of plaintiff’s husband which occurred while acting as a watchman at a public road crossing of the defendant. Before Shoemaker, J. The referee made an award in favor of the claimant. The Workmen’s Compensation Board affirmed…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This case is under the State Workmen’s Compensation Act. On March 18, 1918, Pasqnale Di Donato, while in defendant’s employ as a watchman at a public road crossing in this State, was killed by a train on tracks used for both intra and interstate commerce, and it does not appear to which branch of the service that train, or the one he was flagging, belonged. The referee made an award in favor of his widow; from which defendant appealed to the compensation board and later to the court below; and, the board and the court having affirmed the award, defendant brought…
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