Slipp v. Fidel. Cas. Co. of N.Y.

Superior Court of Pennsylvania

Slipp v. Fidel. Cas. Co. of N.Y.

91 Pa. Super. 526, 1927 Pa. Super. LEXIS 226

CourtSuperior Court of Pennsylvania

DecidedOctober 5, 1927

DocketAppeal 223

StatusPublished

Cited by2 cases

This text of 91 Pa. Super. 526 (Slipp v. Fidel. Cas. Co. of N.Y.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Slipp v. Fidel. Cas. Co. of N.Y., 91 Pa. Super. 526, 1927 Pa. Super. LEXIS 226 (Pa. Ct. App. 1927).

Pincite

Opinion

Opinion by

Linn, J.,

This appeal is from a compensation award to a widow. Her deceased husband, employed by appellant, was sent to deliver a draft to William Slipp; on reaching his destination he was obliged to wait a short time until Slipp came in; when Slipp appeared, decedent delivered the draft. Before he left the place, a fight began in the street; the participants rushed into Slipp’s store, and one of them struck decedent, who was not a party to the dispute; the blow caused his death. The evidence does not show clearly how much time elapsed between his delivery of the draft and the assault. The referee found that the time was “only a few minutes,” and that decedent was therefore “actually engaged in the furtherance of the business or affairs of the employer,” within the meaning of Sec. 301,1915, P. L. 736, 739. The board and the court below affirmed. As there is evidence to support the finding, we may not interfere with it. The entire transaction from the time of his entry into the store until the assault was relatively so short, that it cannot be said from the evidence that the continuity of his service was broken; unless it was, liability under the statute followed: Blouss v. D. L. & W. R. R. Co., 73 Pa. Superior *528 Ct. 95; Dzikowska v. Steel Co., 259 Pa. 578; Hale v. Fire Brick Co., 75 Pa. Superior Ct. 454; Haddock v. Steel Co., 263 Pa. 120; Cymbor v. Binder Coal Co., 285 Pa. 440.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Linn, J.,

This appeal is from a compensation award to a widow. Her deceased husband, employed by appellant, was sent to deliver a draft to William Slipp; on reaching his destination he was obliged to wait a short time until Slipp came in; when Slipp appeared, decedent delivered the draft. Before he left the place, a fight began in the street; the participants rushed into Slipp’s store, and one of them struck decedent, who was not a party to the dispute; the blow caused his death. The evidence does not show clearly how much time elapsed between his delivery of the draft and the assault. The referee found that the time was “only a few minutes,” and that decedent was therefore “actually engaged in the furtherance of the business or affairs of the employer,” within the meaning of Sec. 301,1915, P. L. 736, 739. The board and the court below affirmed. As there is evidence to support the finding, we may not interfere with it. The entire transaction from the time of his entry into the store until the assault was relatively so short, that it cannot be said from the evidence that the continuity of his service was broken; unless it was, liability under the statute followed: Blouss v. D. L. & W. R. R. Co., 73 Pa. Superior *528 Ct. 95; Dzikowska v. Steel Co., 259 Pa. 578; Hale v. Fire Brick Co., 75 Pa. Superior Ct. 454; Haddock v. Steel Co., 263 Pa. 120; Cymbor v. Binder Coal Co., 285 Pa. 440.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

91 Pa. Super. 526, 1927 Pa. Super. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slipp-v-fidel-cas-co-of-ny-pasuperct-1927.

Opinion

Related

Cite This Page — Counsel Stack