Fekete v. Lehigh & Wilkes-Barre Coal Co.
Fekete v. Lehigh & Wilkes-Barre Coal Co.
Opinion of the Court
Opinion by
The plaintiff, an employee of the defendant, received injuries to his hand under circumstances which are not in dispute. After finishing his day’s work as a coal miner, he boarded a combination freight and passenger train to go to his home under a custom in use established by the defendant for the accommodation of both the employer and the employees in transporting the latter to and from their homes. The train was equipped with a
The decree of the court below setting aside the order of the Compensation Board, and reinstating the award of the referee is reversed, and the order of the Compensation Board is reinstated.
Reference
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- Syllabus
- Negligence — Workmen’s compensation — Accident not in the course of employment — Violating orders — Contributory negligence. 1. Where a claimant was returning from work on a train provided by the employer and where he volunteered to assist a patcher in the discharge of his duties, and in so doing met with an accidental injury to his hand, he is not entitled to compensation. 2. Where the plaintiff was a mere volunteer, rendering service in a matter in which he was neither required nor expected to act, nor justified by any emergency for the protection of life and property, and is injured, he cannot be considered to have been injured in the course of his employment and he is not entitled to compensation.