Polk v. Philadelphia & Reading Railway Co.

Citations

• 266 Pa. 335
• 109 A. 627
• 1920 Pa. LEXIS 566

Syllabus

<p>Workmen’s compensation — Railroads—Claim for compensation —Defense—Interstate commerce — Burden of proof — Presumption.</p> <p>Tbe burden of establishing tbe fact that an employee of a railroad company was, at the time of tbe occurrence of an injury from which be died, engaged in performing duties incident to interstate commerce, is upon tbe defendant who alleges that fact as a defense to a claim for compensation, inasmuch as there is no presumption as to tbe character of tbe employment.</p>