Legal Opinion

Neary v. Philadelphia Coal & Iron Co.

Supreme Court of Pennsylvania

Decided March 24, 1919No. Appeal, No. 159PublishedCited by 5 opinions

Appeal, No. 159, Jan. T., 1919, by defendant, from judgment of Superior Court, Oct. T., 1917, No. Ill, dismissing appeal from order of C. P. Schuylkill Co., Sept. T., 1916, No. 191, sustaining award of Workmen’s Compensation Board in case of Anthony F. Neary v. Philadelphia & Reading Coal & Iron Company. Appeal from order sustaining award of Workmen’s Compensation Board. See 69 Pa. Superior Ct. 562. The Superior Court affirmed the judgment of the common pleas.

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Appeal, No. 159, Jan. T., 1919, by defendant, from judgment of Superior Court, Oct. T., 1917, No. Ill, dismissing appeal from order of C. P. Schuylkill Co., Sept. T., 1916, No. 191, sustaining award of Workmen’s Compensation Board in case of Anthony F. Neary v. Philadelphia & Reading Coal & Iron Company. Appeal from order sustaining award of Workmen’s Compensation Board. See 69 Pa. Superior Ct. 562. The Superior Court affirmed the judgment of the common pleas. Defendant appealed. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This case is under the Workmen’s Compensation Act of June 2,1915, P. L. 736. Plaintiff, while in defendant’s employ as car runner, on March 9, 1916, had a finger so crushed as to require surgical and medical assistance, which was reasonably tendered by defendant. However, after accepting such assistance for three days, plaintiff consulted his own family doctor, who thereafter took *223charge of the case and rendered suitable surgical and medical assistance, so that plaintiff was not injured nor his incapacity increased by the change of physicians. But it is…

2Cited by5 opinions

  1. Woodward Iron Co. v. VinesSupreme Court of Alabama · 1928
  2. Hanyok v. Pennsylvania Coal & Coke Corp.Superior Court of Pennsylvania · 1944
  3. Visnic v. Westmoreland Coal Co.Superior Court of Pennsylvania · 1944
  4. Skoczynski v. Gilberton Coal Co.Superior Court of Pennsylvania · 1958
  5. Hartford Accident & Indemnity Co. v. SuttonCourt of Appeals of Georgia · 1947

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