Strunk v. Keller

Citations

• 75 Pa. Super. 462
• 1921 Pa. Super. LEXIS 43

Syllabus

<p>Workmen’s Compensation Act — Farmers—Agricultural laborers — Industrial activities — Independent contractor — Liability for compensation.</p> <p>A farmer who engages in industrial pursuits which are not a part of his farming operations is liable to such employees under the provisions of the Workmen’s Compensation Act for injuries sustained while in the courge of their employment. Where a farmer executes a contract for a lumber operation which is not connected with his farming he is not exempted as to such operation from liability Under the Workmen’s Compensation Act because he is a farmer.</p> <p>An employer who executes a written contract to do the logging in connection with a lumber operation, is not a subcontractor, where the other party to the contract has nothing whatsoever to do with the employment or the payment of the men employed by the logging' contractor, in the execution of the work under said contract. Under such circumstances, the contractor must be considered an independent contractor and the provisions of sections 203 and 302 as defined in section 105 of the Workmen’s Compensation Act of 1915 (Act of June 2, 1915, P. L. 736) defining the status of a subcontractor, do not operate so as to relieve him of liability for injuries sustained by one of his employees.</p>