Brandenberg v. J. Boos Dairies

9 Pa. D. & C. 787, 1927 Pa. Dist. & Cnty. Dec. LEXIS 163
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedSeptember 7, 1927
DocketNo. 8149
StatusPublished

This text of 9 Pa. D. & C. 787 (Brandenberg v. J. Boos Dairies) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandenberg v. J. Boos Dairies, 9 Pa. D. & C. 787, 1927 Pa. Dist. & Cnty. Dec. LEXIS 163 (Pa. Super. Ct. 1927).

Opinion

Martin, P. J.,

Frank Brandenberg was employed by the defendant, J. Boos Dairies, to drive a horse and wagon in serving a milk route. On Sunday morning, April 15, 1923, he left his place of employment, at 4.30 o’clock, to start his route. He was next seen about an hour later on 25th Street near Brown, walking behind the wagon, delivering milk to customers. He turned from 25th Street into Brown Street. Five minutes later, a fellow-employee followed him from 25th Street into Brown Street and found his dead' body lying in the street, with two wounds on the head. The horse and wagon were standing about fifty yards in advance of the spot where the body lay.

A coroner’s jury rendered a verdict that the cause of death was acute dilation of the heart.

A claim for compensation was presented by the widow.

The referee before whom the claim was heard found that the injuries dece--dent sustained about his head could not be disassociated from the dilation, and that there was actual causal connection between the injuries which decedent sustained in his fall and his death, which was hastened thereby, and concluded, as a matter of law on the facts above recited, as the decedent met with such an accident as is contemplated by article m of the Workmen’s Compensation Act of June 2, 1915, P, L. 736, and its amendments, his dependent, the widow, is entitled to compensation.

The defendant and the insurance carrier appealed to the board. A hearing de novo was granted, and additional testimony was ordered to be taken by the referee.

The board found as a fact: Decedent, while delivering milk in the course of his employment, fell to the street, sustaining a laceration over the right eye and another one in the occipito parietal region, both of which were deep, but did not cause a fracture of the skull or concussion of the brain; that the fall and the injuries occasioned by it aggravated a pre-existing heart condition and hastened decedent’s death, the ultimate cause of death being acute dilation of the heart. The conclusion of law was: “That the decedent’s death having been hastened by an injury, by accident, while he was in the course of his employment, his dependent widow is entitled to compensation.”

The defendant entered this appeal and filed exceptions to the decision of the Workmen’s Compensation Board:

[788]*788“1. The Compensation Board erred in finding as a conclusion of law ‘that the decedent’s death having been hastened by an injury, by accident, while he was in the course of his employment, his dependent widow is entitled to compensation.’
“2. The Compensation Board erred in making an award against the defendant in this case.
“3. The Compensation Board erred in that portion of its fourth finding of fact which says, ‘About 5 A. M. he was found lying in the street, bleeding from lacerations of the head, and. died within a very short time,’ as there was no testimony to support such a finding.
“4. The board erred in its fifth finding of fact, as follows: ‘That the decedent, while delivering milk in the course of his employment, fell to the street, sustaining a laceration over the right eye and another one in the occipito parietal region, both of which were deep, but did not cause a fracture of the I skull or concussion of the brain. That this fall and the injuries occasioned by it hastened and aggravated the pre-existing heart condition and hastened the decedent’s death, the ultimate cause of death being acute dilation of the heart;’ there being no evidence to sustain a finding ‘that this fall and the injuries occasioned by it hastened and aggravated the pre-existing heart condition and hastened the decedent’s death.’
“5. The pleadings did not allege, and the proofs did not establish, aggravation of any pre-existing condition as resulting from injuries in this case.”

No one saw Brandenberg fall. There was no evidence of any physical condition in the street where he was found lying to cause him to fall. The foreman in the employ of defendant, who drove the wagon back from the place where it was standing on the street after the death of Brandenberg, was asked by the referee during the hearing: “What became of the milk wagon after the accident?” He answered: “They phoned in about the accident, and Mr. Boos and I went in a Yellow cab, and I took the wagon and finished the route. . . . Q. How soon after this accident happened were you on the scene of the accident? A. I judge about a half-hour. . . . Q. When you got to the scene, was there anything wrong with the wagon; were any steps broken or anything different from when he started out? A. No. . . . Q. When you took over this wagon, you observed nothing unusual with the milk bottles or anything indicating that anything unusual had happened on that morning? A. No.”

Dr. Burke was the coroner’s physician and made a post-mortem examination of Brandenberg. It was proved that decedent had suffered from chronic heart disease for some time prior to his death. He testified for claimant that there was a laceration over the right eye and of the left occipito parietal region. He was asked: “. . . Have you heard the testimony here to-day? A. Yes. Q. I will ask you, basing your opinion upon that testimony, together with your findings, as to the cause of death in this case? A. Acute dilation of the heart. Q. In your opinion, from the testimony, do you find any connection between the acute dilation and the accident? A. I think the shock or fall would produce it. Q. Is that your opinion, it would produce that condition? A. Yes. . . .” He testified that he did not find any fracture of the skull, or concussion of the brain, no evidence of paralysis, no apoplexy, no clotted blood or anything in the brain, and that the lacerations were not sufficient to cause a fracture or paralysis. . . . “Q. You think it is reasonable to presume that the diagnosis here, as shown by your examination, acute dilation of the heart, was caused by these lacerations? A. Yes. Q. Taking into consideration the testimony that you heard of the fact that on the morning this man went out, [789]*789he complained that his stomach was not good and that he had been out late, you still consider, in the light of that testimony, since counselor for the claimant laid stress on the testimony, that it is reasonable to presume that the acute dilation of the heart was caused by something that resulted in these superficial lacerations? A. Yes. Q. Isn’t it a thousand times more probable to suppose that the lacerations were merely an incident to the fall resulting from the acute dilation than to say the acute dilation was caused by the lacerations? As an expert, what is the probability; isn’t it more reasonable to suppose that this man got an acute dilation of the heart and then fell, and the lacerations were caused incidentally to the fall? A. That could be. Q. And the probability would be greater that the lacerations were caused by the acute dilation than the accident the cause of acute dilation? A. There would be a probability. Q. But the probability would be greater that the lacerations were caused by the acute dilation than the accident the cause of acute dilation? A. Yes.” He was asked by the referee: “. . . What was the purpose of your post-mortem? A. To find the cause of death. Q. You found dilation of the heart, which is practically the real cause of all deaths? A. Yes. Q. As to the causes of that dilation, you didn’t make an examination? A.

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Bluebook (online)
9 Pa. D. & C. 787, 1927 Pa. Dist. & Cnty. Dec. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandenberg-v-j-boos-dairies-pactcomplphilad-1927.