Tarr v. Hecla Coal & Coke Co.

Citations

• 265 Pa. 519
• 109 A. 224
• 1920 Pa. LEXIS 472

Syllabus

<p>Workmen?s compensation — Master and servant — Loan of servant —Mines and mining — Putting out mine fires — Course of employment — Act of June 2, 1915, P. L. 736.</p> <p>1. A master may loan his servant, with the latter’s consent, to another under such circumstances as to create for the time a new relation of master and servant; the regular servant of one may thus for the time being become the special servant of another. The test is whether, in the particular service which he is engaged to perform, he continues subject to the direction and control of his master, or becomes Subject to that of the party to whom he is lent.</p> <p>2. Where a coal mining company lends to another coal mining company an employee skilled in extinguishing mine fires, and the employee is killed while helping to put out a fire in the second company’s mine, the second company is liable under the Workmen’s Compensation Act for damages for his death. The fact that his wages had not been fixed is immaterial, as the law will imply a reasonable compensation.</p> <p>3. Such a ease does not come within the exception contained in Article I, Section 104, of the Act of June 2,1915, P. L. 736, which provides that “persons whose employment is casual in character and not in the regular course of business of the employer” are excluded.</p> <p>Workmen’s compensation — Practice — Reference — Findings of fact.</p> <p>4. Where there is no hearing de uoyo by the compensation board, the board cannot go outside of the facts found by the referee, unless agreed upon by the parties.</p>