Brinker v. Greensburg

Opinion by

Mr. Justice Benjamin R. Jones,

This appeal presents two questions: (1) is a volunteer fireman, an employee of a third class city for purposes of the Workmen’s Compensation Act but not otherwise, or generally, a city employee, barred from suing the city in a trespass action to recover damages sustained while he was engaged in the performance of his duties as a volunteer fireman?; (2) if he is barred, is the city nevertheless required to defend in a trespass action which such volunteer fireman has instituted jointly against the city and another defendant?

On April 7, 1959, H. D.…