Blake v. Wilson

Citations

• 268 Pa. 469
• 112 A. 126
• 15 A.L.R. 726
• 1920 Pa. LEXIS 720

Syllabus

<p>Workmen’s compensation — Accident “casual in character” — “Regular course of business” — Roofing silo on farm — Act of June 2, 1915, P. L. 786 — Departure from rules — Public policy — Appeals —Words and phrases — “And.”</p> <p>1. Where the record of a workman’s compensation case shows departure from established rules and procedure, affecting only the rights of the parties to the action, and no specific complaint is made with respect thereto, the court will assume that the departure was made by and with mutual consent; not so, however, when the departure manifests a clear disregard of recognized public policy, or is in violation of expressed statutory authority. Restrictions so imposed are not subject to the pleasure of the parties or the powers of the courts. In such case the appellate court will take notice of the error whether assigned or not.</p> <p>2. In determining whether the work in which an employee was engaged at the time of the accident is “casual in character and not in the regular coiirse of the business of the employer,” the expression “casual in character” will be cpnstrued as having a distinct reference to the engagement to render sendee, and an implied reference, as well, to the distinction that naturally arises when the service stipulated for, is outside of the regular business of the employer; so that both are included in the exception; and, because of the conjunction “and” connecting them, both must concur, neither of itself being' sufficient to constitute an exception.</p> <p>3. An employee’s engagement is casual in character when it comes about by chance, fortuitously, and for no fixed duration of time.</p> <p>4. The words “regular course of business of the employer,” have reference to the habitual or regular occupation that the party is engaged in with a view to winning a livelihood or some gain.</p> <p>5. The expression can refer only to the experience and custom in the conduct of the business as is of usual, if not daily, occurrence or obs