Smith v. State Workmen's Insurance Fund

Citations

• 262 Pa. 286
• 105 A. 90
• 19 A.L.R. 1156
• 1918 Pa. LEXIS 641

Syllabus

<p>Workmen’s Compensation Law — Master and servant — Existence of relation — Contractor and contractee — Independent contractor— WHtten contract — Construction.</p> <p>1. Where a person lets out work to another, the contractee reserving no- control over the work or workmen, the relation of contractor and contractee exists, and not that of master and servant.</p> <p>2. One who contracts to transfer all freight between narrow gauge cars -and standard gauge cars, -at stipulated prices, the manner of doing which, including the employment, payment and control of the necessary labor, is left entirely to him, is an independent contractor and not -an employee, and, therefore, his widow is not entitled to receive compensation under the Workmen’s Compensation Act of June 2, 1915, P. L. 736, for injuries sustained by him in the course of his employment resulting in his death.</p> <p>3. There is no distinction in meaning in the Workmen’s Compensation Act between the terms “employer” and “master,” and “employee” and “servant”; by the express terms of Sections 103 and 104, the term “employer” as used in the act is synonymous with “master,” and the term “employee” is synonymous with “servant.”</p>