Kiercok v. Philadelphia & Reading Coal & Iron Co.
Kiercok v. Philadelphia & Reading Coal & Iron Co.
Opinion of the Court
An award by the Workmen’s Compensation Board in plaintiff’s favor was affirmed by the lower court. Defendant appealed. Under the statement of the questions involved the validity of the award depends upon “whether there was sufficient competent testimony in the case on which to base a finding that claimant’s husband, while employed by appellant, sustained an injury which resulted in his death.” Plaintiff’s claim is her husband —who had been in defendant’s employ for more than fourteen years—on July 7, 1919, received injury while at work, which resulted in his death nine days later. At the time of receiving his injury deceased, with two other fellow workmen, was engaged in rolling a log approximately twenty-eight feet in length and sixteen inches in diameter. They were using* cant hooks to turn the timber when the hook used by one of the workmen slipped, throwing the log back and causing it, plaintiff claims, to jar or strike her husband, inflicting the injury from which he subsequently died. To establish this contention the evidence of two persons working with Kiercok was that the timber, a Y shaped stick, required considerable effort to roll,-that the cant hook of one of the
The testimony received to establish the facts above set forth was clearly competent and sufficient to sustain the conclusion that “the decedent met his death because of an accidental injury suffered in the course of his employ with the defendant company.”
The assignments of error are. overruled and the judgment affirmed.
Reference
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- Syllabus
- Workmen’s compensation—Injury while at work—Death—Course of employment—Evidence. An allowance of a claim for death of claimant’s husband will be sustained, where there is competent and sufficient evidence to support a finding that deceased while at work in rolling a log in the course of his work, was struck or jarred by the log when it slipped from its hooks, and that as a consequence of the injury he suffered hemorrhage from the kidneys, and died nine days after the accident and by reason thereof.