Keyes v. New York, Ontario & Western Ry. Co.

Citations

• 265 Pa. 105
• 108 A. 406
• 1919 Pa. LEXIS 505

Syllabus

<p>'Worhmen’s compensation — Death by gunshot — Gowse of employment— Presumption — Evidence — Burden of proof — Act of June 2,1915, P. L. 786.</p> <p>1. Where an engine hostler is last seen alive working on his engine, and ten minutes thereafter is found lying by the engine dead, as the result of a bullet wound through his jaw, and there is nothing to indicate suicide, or by whom, or from what motive the shot was fired, the burden of proof is upon the employer seeking to escape liability, to show that the injury “was caused by an act of a third person intended to injure the employee because o'f reasons personal to him, and not directed against him as an employee or because of his employment.”</p> <p>2. Where, in a proceeding under the Workmen’s Compensation Act, there is no hearing de novo by the board of compensation, the case rests upon the facts found by the referee.</p>