Irwin v. Porter

Citations

• 69 Pa. Super. 203
• 1918 Pa. Super. LEXIS 47

Syllabus

<p>Contract — Indemnity—Workmen’s compensation law — Collateral attack on finding of Workmen’s Compensation Board.</p> <p>Where a subcontractor enters into a contract of indemnity to reimburse the general contractor for payments made on account of an award of damages under the workmen’s compensation law against the general contractor, and it appears in an action on the contract of indemnity that the general contractor had been compelled to pay an award of the compensation board in favor of the dependents- of an employee of the subcontractor killed in the work, the defendant cannot set up as a defense that the man was killed by the negligence of another contractor on the general work, or that the subcontractor himself was not liable either at common law or under the Workmen’s Compensation Act. In such a case the finding of the compensation board is conclusive, and cannot be attacked collaterally, and the subcontractor is liable under the very words of his contract of indemnity.</p>