Kelley v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 59, Jan. T., 1921, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1918, No. 399, reversing decision of the Workmen’s Compensation Board which, on a de novo hearing, set aside award of referee in favor of claimant, in case of Isabelle Kelley v. Delaware, Lackawanna & Western Railroad Co. Appeal from decision of Workmen’s Compensation Board. Before Strauss, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 59, Jan. T., 1921, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1918, No. 399, reversing decision of the Workmen’s Compensation Board which, on a de novo hearing, set aside award of referee in favor of claimant, in case of Isabelle Kelley v. Delaware, Lackawanna & Western Railroad Co. Appeal from decision of Workmen’s Compensation Board. Before Strauss, J. The opinion of the Supreme Court states the facts. The court entered judgment reversing the decision of the Workmen’s Compensation Board which reversed award of referee in favor of claimant. Defendant appealed.…
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
Michael Kelley, plaintiff’s husband, and another, were what are known, in the parlance of anthracite mining, as “rock contractors,” their occupation being, to make openings in the mines through measures, or strata, other than the coal. They were engaged to do work of this character, by defendant, under a written contract, and while proceeding with it, Kelley was accidentally killed. His widow entered a claim for compensation, which was awarded her by the referee, whose finding was set aside on a de novo hearing by the compensation board, but reinstated by the…
2Cases cited3 opinions
- Kuca v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1920
- McColligan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Smith v. State Workmen's Insurance FundSupreme Court of Pennsylvania · 1918
3Cited by45 opinions
- McDonald v. Levinson Steel Co.Supreme Court of Pennsylvania · 1930
- Rich Hill Coal Company v. BashoreSupreme Court of Pennsylvania · 1939
- Simonton v. MortonSupreme Court of Pennsylvania · 1923
- Cimorelli v. New York Cent. R. Co.Court of Appeals for the Sixth Circuit · 1945
- Oliveira v. New Prime, Inc.Court of Appeals for the First Circuit · 2017
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