Mooney v. Julius Weidner

Opinion by

Drew, J.,

W. H. Mooney filed a claim for workmen’s compensation against Julius Weidner for injuries received when a truck on which he was riding ran over an embankment on August 14, 1928. The single question involved is whether, at the time of the accident, claimant was an employee of defendant or an independent contractor. If the former, he was entitled to compensation ; if the latter he was not so entitled: Kelley v. D. L. & W. R. R. Co., 270 Pa. 426. The referee found as a fact that the relationship of master and servant existed and accordingly made an award in claimant’s favor,…