Emhoff v. Porter Township School District

40 Pa. D. & C. 169, 1940 Pa. Dist. & Cnty. Dec. LEXIS 84
CourtPennsylvania Court of Common Pleas, Juniata County
DecidedMay 28, 1940
Docketno. 129
StatusPublished

This text of 40 Pa. D. & C. 169 (Emhoff v. Porter Township School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Juniata County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emhoff v. Porter Township School District, 40 Pa. D. & C. 169, 1940 Pa. Dist. & Cnty. Dec. LEXIS 84 (Pa. Super. Ct. 1940).

Opinion

Rice, P. J.,

— This is an appeal by S. E. Emhoff, claimant, from a judgment of the State Workmen’s Compensation Board, affirming the findings of fact, conclusions of law, and order of disallowance of the claim [170]*170made by E. H. Beshlin, referee of the tenth district. Appellant alleges errors in certain findings of fact and conclusions of law, and in the disallowance of the claim, and filed, with his appeal, exceptions specifying the errors alleged.

The powers of this court with respect to the alleged errors in the findings of fact are, according to the decisions of the Pennsylvania appellate courts, very much limited.

In Hiles v. Hecla Coal & Coke Co., 296 Pa. 34, 38, the Supreme Court said:

“All of this evidence merely affirms what we have often said, — that where there is evidence to support a material finding, it will be conclusive on us. It was not intended by the legislature that this court should be an appellate administrative tribunal to weigh the evidence submitted to the referee or the board. Our revisory powers are limited to such consideration of the record as will enable us to ascertain whether there is evidence to support the findings of the board and if, upon such findings, the law has been properly applied. Though we may be of opinion, from the apparent weight of the evidence, that a finding should be made adverse to that of the board, we are not at liberty to enter or direct such different finding, where the one adopted by the board is supported by proof: Kuca v. Lehigh Valley Coal Co., 268 Pa. 163, 165.”

In Paulin v. Williams & Co., Inc., et al., 122 Pa. Superior Ct. 462, 466, which was affirmed by the Supreme Court in 327 Pa. 579, on the opinion of Judge Rhodes, the Superior Court said:

“It is apparent that what the lower court did in this case was to overrule the board on a question of fact and to substitute its own finding therefor. It has frequently been stated that the court has no power to do this; and a situation similar to the present case may be found in Stahl v. Watson Coal Co. et al., 268 Pa. 452, 112 A. 14. The workmen’s compensation board is the final fact-finding body in compensation cases. Where the findings of [171]*171fact made by the board are based on competent evidence they are conclusive, and our courts have no power to weigh the evidence and revise those findings or reverse the final action of the board. Vorbnoff v. Mesta Machine Co. et al., 286 Pa. 199, 206, 133 A. 256, 258; Ford v. A. E. Dick Co., 288 Pa. 140, 150, 135 A. 903, 907. Neither the lower court nor an appellate court can say that the board must find one way or another. Although it may feel that the weight of the evidence, as a whole, is against the finding of fact so made, it may not disturb that finding if it is supported by sufficient legally competent evidence. Hanlon v. Gulf Refining Co. et al., 115 Pa. Superior Ct. 315, 317, 175 A. 724, 725. There can be no interference by the courts with such findings, whether they be based on proved facts or inferences therefrom. Flucker v. Carnegie Steel Co., 263 Pa. 113, 119, 106 A. 192, 194.”

To the same effect are Mager v. State Workmen’s Insurance Fund et al., 127 Pa. Superior Ct. 438, Edmiston v. Wolf, Sheriff, et al., 134 Pa. Superior Ct. 7, Marmon v. Union Collieries Co., 135 Pa. Superior Ct. 582, Weitz v. Weitz et al., 136 Pa. Superior Ct. 191, and Berman v. George J. Blair Co. et al., 137 Pa. Superior Ct. 193.

According to the findings of fact, made by the referee and affirmed by the board, claimant was, on and before October 9, 1937, the date of the accident to claimant, an enforcement investigator of the Milk Control Commission for the northwest area, and also an elective officer (school director) and the treasurer of the School District of Porter Township, Clarion County. The Department of Labor and Industry had condemned one of the school buildings of the said school district, and the board of directors thereof desired to get permission from the department to keep such building open temporarily. Some questions relating to the expense account of claimant as said enforcement investigator had arisen, and W. G. Britner, supervisor of the said area, under whom claimant worked, had told claimant to take up the matter with the Milk Control Commission on his trip to Harrisburg with other members of the said school board, or on a later [172]*172trip in connection with milk control matters, but the said supervisor had no authority to direct claimant to make a trip to Harrisburg for the purpose of adjusting his expense account. On October 9, 1937, claimant, in his own automobile, with three other members of the said school board as passengers, started from New Bethlehem, Pa., on a trip to Harrisburg, but claimant’s automobile collided with another automobile near Thompsontown, Juniata County, and claimant received injuries, for which he claims compensation as an employe of the said school district and the said milk commission. Claimant was not, on the date of the accident, an employe of the said school district and was not, on the said date, on an errand to Harrisburg, authorized by the supervisor of his district or area, and was not requested or directed by anyone in authority under the milk commission to make the trip, but he made the trip of his own volition.

The tenth finding of fact, to wit, that claimant was, at the time of the accident, an elective officer, that is, a school director of the School District of Porter Township, is amply supported by the evidence. Claimant so testified. ' Claimant was also the treasurer of the said school district, as testified by claimant and stated in the first finding of fact. But there is no evidence to show that it was in his capacity of treasurer that he started on his trip to Harrisburg to take up with the Department of Labor and Industry the matter of securing permission to keep open temporarily the school building that had been condemned. The tenth finding further states that he was not an employe of the school district within the meaning of The Workmen’s Compensation Act, supra. If, therefore, claimant started on a trip to Harrisburg in regard to the said building, he did so as a director, not as an employe, and it was properly held that he has no claim against the said school district: Savage v. Supervisors of Mt. Pleasant Twp. et al., 119 Pa. Superior Ct. 392; Bricker v. Supervisors of Heidelberg Twp. et al., 120 Pa. Superior Ct. 378.

[173]*173This will leave for consideration the claim against the Milk Control Commission, which involves more questions.

The Workmen’s Compensation Board filed an opinion affirming the findings of fact and the conclusions of law and the order of disallowance made by the referee. In that opinion the board recited certain facts, but did not make numbered findings of fact in formal language. Appellant has filed exceptions to certain recitals of facts in the opinion and treats them as findings of fact. Regardless of any question as to the propriety of the practice, the court will dispose of the exceptions.

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Related

Hunter v. American Steel & Wire Co.
141 A. 635 (Supreme Court of Pennsylvania, 1928)
Vorbnoff v. Mesta Machine Co.
133 A. 256 (Supreme Court of Pennsylvania, 1926)
Shoffler v. Lehigh Valley Coal Co.
139 A. 192 (Supreme Court of Pennsylvania, 1927)
Cronin v. American Oil Co.
148 A. 476 (Supreme Court of Pennsylvania, 1929)
Palko v. Taylor-Mccoy C. C. Co. (Et Al.)
137 A. 625 (Supreme Court of Pennsylvania, 1927)
Hiles v. Hecla Coal & Coke Co.
145 A. 603 (Supreme Court of Pennsylvania, 1928)
Ford v. A. E. Dick Co.
135 A. 903 (Supreme Court of Pennsylvania, 1926)
Marmon v. Union Collieries Co.
7 A.2d 156 (Superior Court of Pennsylvania, 1939)
Hanlon v. Gulf Refining Co.
175 A. 724 (Superior Court of Pennsylvania, 1934)
Paulin v. Williams Co., Inc.
186 A. 415 (Superior Court of Pennsylvania, 1936)
Knowles v. Parker Wylie Carpet Co.
195 A. 445 (Superior Court of Pennsylvania, 1937)
Boal v. State Workmen's Insurance Fund
193 A. 341 (Superior Court of Pennsylvania, 1937)
Bricker v. Supervisors of Heidelberg Township
183 A. 61 (Superior Court of Pennsylvania, 1935)
Edmiston v. Wolf, Sheriff
3 A.2d 177 (Superior Court of Pennsylvania, 1938)
Savage v. Mt. Pleasant Township Supervisors
181 A. 519 (Superior Court of Pennsylvania, 1935)
Titus v. S. E. Sostmann & Co.
2 A.2d 580 (Superior Court of Pennsylvania, 1938)
Berman v. George J. Blair Co.
8 A.2d 731 (Superior Court of Pennsylvania, 1939)
Kerwin v. Susquehanna Collieries Co.
172 A. 24 (Superior Court of Pennsylvania, 1934)
Mager v. State Workmen's Insurance Fund
193 A. 155 (Superior Court of Pennsylvania, 1937)
Weitz v. Weitz (Et Al.)
7 A.2d 83 (Superior Court of Pennsylvania, 1939)

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Bluebook (online)
40 Pa. D. & C. 169, 1940 Pa. Dist. & Cnty. Dec. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emhoff-v-porter-township-school-district-pactcompljuniat-1940.