Fedak v. Dzialdowski

Opinion by

Baldrige, J.,

The one question in this compensation case is whether the work in which the employee was engaged when he met with the accident which resulted in his death was casual in character and not in the regular course of the business of the employér, as required by section 104 of the Workmen’s Compensation Act of June 2, 1915, P. L. 736 (77 PS §22).

It appears from the findings of fact by the referee, founded upon sufficient competent evidence, that the defendant is a merchant engaged in selling groceries, meats and feed. Desiring to convert a warehouse, which he previously used…