Wilkins v. Shannon Coal Co.

Superior Court of Pennsylvania

Wilkins v. Shannon Coal Co.

82 Pa. Super. 128, 1923 Pa. Super. LEXIS 252

CourtSuperior Court of Pennsylvania

DecidedOctober 22, 1923

DocketAppeal, 240

StatusPublished

Cited by3 cases

This text of 82 Pa. Super. 128 (Wilkins v. Shannon Coal Co.) 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.

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Wilkins v. Shannon Coal Co., 82 Pa. Super. 128, 1923 Pa. Super. LEXIS 252 (Pa. Ct. App. 1923).

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Opinion

Per Curiam,

This is an appeal from judgment reversing the compensation board in granting compensation. The facts are simple. Appellant, a miner, on the way to the mines where he was employed, had to cross a railway track about two hundred yards from the mine. Some miners used a public road crossing; others, a frequently used path over the tracks. While crossing on this path, appellant stumbled and was injured; he testified “I caught on the ties or rail; whether I caught on the top end of the tie or caught my toe, either one caught.” The railroad belonged not to appellant’s employer but to the H. & B. T. R. R. Co. The court below held, that as appellant was injured off his employer’s premises, and not in the course of his employment, he was not entitled to compensation ; we must agree, on the authority of Shickley v. P. & R. C, & I. Co. 274 Pa. 360, 362.

Judgment affirmed.

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Per Curiam,

This is an appeal from judgment reversing the compensation board in granting compensation. The facts are simple. Appellant, a miner, on the way to the mines where he was employed, had to cross a railway track about two hundred yards from the mine. Some miners used a public road crossing; others, a frequently used path over the tracks. While crossing on this path, appellant stumbled and was injured; he testified “I caught on the ties or rail; whether I caught on the top end of the tie or caught my toe, either one caught.” The railroad belonged not to appellant’s employer but to the H. & B. T. R. R. Co. The court below held, that as appellant was injured off his employer’s premises, and not in the course of his employment, he was not entitled to compensation ; we must agree, on the authority of Shickley v. P. & R. C, & I. Co. 274 Pa. 360, 362.

Judgment affirmed.

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82 Pa. Super. 128, 1923 Pa. Super. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-shannon-coal-co-pasuperct-1923.

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