Spizzirri v. Krouse

Citations

• 73 Pa. Super. 476
• 1920 Pa. Super. LEXIS 44

Syllabus

<p>Master and servant — Workmen’s compensation — Injury not in course of employment.</p> <p>To entitle an employee to compensation, under the Workmen’s Compensation Act, the accident causing the injury need not have been the direct or necessary consequence of the employment, but it must have happened while the relation of employer and employee existed and during the course of employment, and not during a suspension of it.</p> <p>In an action for compensation under the Workmen’s Compensation Act, it appeared that the plaintiff had been in the employ of the defendant, engaged in removing junk, and that the defendant gave the plaintiff and others a quantity of junk to be disposed of for their own profit, and loaned them a truck in which to take it away and sell it for their own benefit. While driving the truck, in an effort to dispose of the property, the plaintiff was injured. Under such circumstances, the injury cannot be said to have occurred while the plaintiff was employed by the defendant, and an award of compensation will be reversed.</p>