Gallagher v. Walton Mfg. Co.
Supreme Court of Pennsylvania
Gallagher v. Walton Mfg. Co., 264 Pa. 29 (Pa. 1919)
107 A. 327; 1919 Pa. LEXIS 584
Brown, Frazer, Simpson, Stewart, Walling
Gallagher v. Walton Mfg. Co.
Opinion of the Court
The question whether the decedent was engaged in the course of his employment at the time of the accident which resulted in his death was one of fact. The finding of the referee, approved by the compensation board, was “at the time of the occurrence of the injury Gallagher was in the course of his employment with the defendant.” This is conclusive: Poluskiewicz v. Philadelphia & Reading Coal & Iron Company, 257 Pa. 305; Messinger v. Lehigh Valley R. R. Company, 261 Pa. 336.
Appeal dismissed and award affirmed.
Reference
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- Syllabus
- Workmen’s compensation — Finding of fact by compensation board — Review by court. A finding of fact by the referee approved by the compensation board, to the effect that a deceased workman was engaged in the course of his employment at the time of the accident which resulted in his death, is one of fact, and will not be reviewed by the court.