Schott v. Pennsylvania Railroad

Citations

• 76 Pa. Super. 582
• 1921 Pa. Super. LEXIS 193

Syllabus

<p>Workmen’$ Compensation Law — Accident in course of employment — Mixed questions of law and fact.</p> <p>The determination that an employee’s injury was received in an accident arising in the course of his employment is a mixed question of law and fact.</p> <p>An employee of a railroad company, employed in a clerical capacity, was given reduced transportation to and from his place of employment. His working hours were from 8:30 a. m. to 5:30 p. m. While traveling from his work his train stopped at a point a slight distance from the station platform waiting for a freight train to pull out. The claimant, instead of waiting until his way to the station platform was clear, left the passenger coach and crawled up on the bumpers of two freight cars for the purpose of making his way across to the platform of the station. While so doing the freight train started and he fell to the track and sustained severe injuries.</p> <p>Seldj that the claimant’s employment having ceased at a definite time, that he was not an employee, but a passenger while returning from the place of his employment, and that he was not entitled to compensation under the Workmen’s Compensation Law.</p>