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TAYLOR v. EWING ET AL. (01/12/50)

January 12, 1950

TAYLOR
v.
EWING ET AL.



COUNSEL

Francis S. McQuilkin, Pittsburgh, for appellant.

Holt, West & Holt, Clyde Holt, Jr., Beaver, for appellee.

Before Rhodes, P. J., and Reno, Dithrich, Ross and Fine, JJ.

Author: Rhodes

[ 166 Pa. Super. Page 22]

RHODES, President Judge.

This is a workmen's compensation case in which the compensation authorities made an award to claimant. The court of common pleas affirmed the award and entered judgment for claimant. Defendant's insurance carrier has appealed.

The facts are not in dispute. The question is whether claimant sustained his injury as a result of an accident

[ 166 Pa. Super. Page 23]

    within or outside the course of his employment with defendant.

Defendant was an automobile dealer in Beaver, Pennsylvania, and in his business he maintained a garage, showroom, and used car lot. Claimant had been employed by defendant for some time as a general utility man at a weekly wage of $35. Claimant's customary duties consisted of cleaning the offices, showroom, and garage, and servicing cars. On the morning of July 10, 1947, claimant having no other duties to perform at that time at the garage or showroom, defendant directed him to proceed to defendant's home and cut some grass with a power lawn mower which defendant owned. While attempting to adjust the belt on the power mower, to which defendant called claimant's attention, claimant accidentally sustained an injury to the index finger of his right hand, which necessitated amputation of a portion of the finger.

Appellant at the time the accident occurred had issued to defendant a 'Standard Workmen's Compensation and Employers' Liability Policy.' The premises of defendant were described as located at Wayne and Fourth Streets, and Third and Sassafras Lane, Beaver, Pennsylvania. The policy described the business of the insured as follows: 'Garages and Automobile Dealers, including accessories, service stations -- all employees except office * * * Clerical Office Employees.' The record discloses that the Travelers Insurance Company had issued a comprehensive personal liability insurance policy. It named 'Ralph D. Ewing and J. Dixon Ewing Westside Dutch Ridge Road, Brighton Township, Beaver County, Pa.' as the insured, and described the general coverage as comprising 'Personal Liability -- including initial residence premises,' with a declaration, in connection with the coverage under the voluntary compensation

[ 166 Pa. Super. Page 24]

    endorsement, that the servants employed were one inservant and one outservant, including private chauffeurs. This policy was the latest renewal of the liability policy which defendant and his wife took out in 1937 after the wife had elected to come under the Workmen's Compensation Act as an employer of domestic and/or agricultural ...


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