Rathmell v. Wesleyville Borough

Opinion by

Me. Justice Horace Stern,

We are confronted here with one of the many cases in which the difficulty of decision arises, not in the formulation of a legal principle, but in the attempt to apply an established principle to the facts.

This appeal is from the judgment of the Superior Court (154 Pa. Superior Ct. 351, 35 A. 2d 776) awarding Workmen’s Compensation to a policeman who had been employed off and on for a year, on a part-time basis, by the Borough of Wesleyville in Erie County. His duties consisted in patrolling the streets and highways, which he did occasionally on foot but…