Reitmyer v. Coxe Bros. & Co.

Citations

• 264 Pa. 372
• 107 A. 739
• 1919 Pa. LEXIS 655

Syllabus

<p>Workmen’s compensation — Contract as to wages of a miner — Express contract — Implied contract — Deduction for materials and tools — Improper findings — Act of June 2, 1915, P. L. 786.</p> <p>1. Where in a proceeding under the Workmen’s Compensation Act, to secure compensation for the death of plaintiff’s husband, a miner, it appears that the deceased was paid regular wages of $22 per week for about six months, less a deduction for supplies and tools amounting in the aggregate to $49.38 without objection by him for such deduction, it is reversible error for the referee, the workmen’s compensation board and the court of common pleas to decline to make any deduction for supplies and materials, in determining the wages as a basis for compensation, on the ground that there was no express agreement in the contract of hiring for such deduction.</p> <p>2. In such a case an implied agreement may be inferred from the conduct of the parties. This is a question of law to be passed upon by the court below, and the case will be remanded to that court to pass upon the question of the existence of the implied contract, should the ascertained facts be found sufficient therefor; if not, to remand the record to the compensation board with instructions to find further.</p> <p>3. The legislature did not purpose to confine hiring contracts with which the act deals to express contracts, to the exclusion of contracts which arise by implication of law where no express contract exists, but yet where circumstances are shown which, according to the ordinary course of business dealings and the ordinary understanding of men, show a mutual intention to contract.</p>