Callihan v. Montgomery

Citations

• 272 Pa. 56
• 115 A. 889
• 1922 Pa. LEXIS 774

Syllabus

<p>'Workmen’s compensation — Course of employment — Regular course of business — Casual employment — Acts of June 2, 1915, P. L. 786, and June 26,1919, P. L. 642 — Review on appeal — Pacts and law.</p> <p>1. A person who enlists himself in the army of industrial and business workers must, in order to entitle himself to the benefits of the Workmen’s Compensation Act, undertake more than a mere casual or incidental job; he must enter the ranks of those employed in the regular course of business of his particular employer, and, when such a worker claims compensation, it must appear that he was injured in the course of his employment.</p> <p>2. Since the Act of June 26, 1919, P. L. 642, amending the Workmen’s Compensation Act of June 2, 1915, P. L. 736, the appellate court has the entire record before it, but its revisory powers are limited to a determination of the question whether there is evidence to support the findings, and whether the law has been properly applied to them.</p> <p>3. The determination of the applicability of the provision of the act excluding those whose employment is “casual in character and not in the regular course of the business of the employer,” depends, under any given state of facts, upon the interpretation or construction of the act, and is a question of law.</p> <p>4. In a proceeding for compensation for damages for death of claimant’s husband, the question whether there is evidence to sustain findings that deceased was, or was not, doing certain things when injured, is one of law, which may be reviewed to the extent only of deciding whether there is such evidence in the record; but if the evidence appears, the findings thereon are of fact, and are not subject to review.</p> <p>5. Whether, on the facts found, the deceased was killed in course of his'employment, and also whether the employment was “casual in character and not in the regular course of the business of the employer” within the meaning of the act, are questions of law, and, as