Hutno v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Hutno v. Lehigh Coal & Navigation Co., 270 Pa. 14 (Pa. 1921)
113 A. 68; 1921 Pa. LEXIS 313
Feazer, Sadler, Schaefer, Simpson, Walling
Hutno v. Lehigh Coal & Navigation Co.
Opinion of the Court
The competent evidence produced at the hearing clearly warrants the finding of the'Compensation board that “at the time of the parade deceased was driving a team of mules belonging to defendant, as his (the driver’s) voluntary act and as hist individual contribution toward the parade” and that “the parade was not held during the working hours of the deceased and he was not under pay of the defendant at that time.” The disallowance of compensation was, therefore, not error.
The appeal is dismissed.
Reference
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- Syllabus
- Workmen’s compensation—Disallowance of compensation—Engaging in parade outside of employment—Evidence. A claimant is properly disallowed compensation for tbe death of her husband, where competent evidence justifies a finding that at the time the deceased was killed he was driving, in a parade, a team of mules belonging to his employer, as his (the driver’s) voluntary act, and as his individual contribution to the parade, and that the parade was not held during the working hours of the deceased, and that he was not under pay of his employer at that time.