Appeal, No. 61, April T., 1956, from judgment of Court of Common Pleas of Mercer County, Dec. T., 1955, No. 12, in case of Mrs. Mary Nelson, widow of Raymond L. Nelson, deceased, v. Borough of Greenville and Eureka Casualty Company. Judgment affirmed.
Karl E. Weise, with him Hirsch & Weise and Stranahan & Sampson, for appellants.
George Hardy Rowley, with him Voorhies, Dilley, Keck & Rowley, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 489]
Raymond L. Nelson, aged 42, died on February 6, 1954. We are here concerned with the claim of his widow under The Pennsylvania Workmen's Compensation Law.*fn1 The Referee made an award which was affirmed by the Board. An appeal was taken to the Court of Common Pleas of Mercer County, which tribunal affirmed the award and entered judgment in favor of the claimant. This appeal to the Superior Court followed. The factual situation is set forth in the
[ 181 Pa. Super. Page 490]
following excerpt from the opinion of Judge MCKAY for the court below:
"On January 22, 1954, Raymond L. Nelson, the decedent, was a paid fireman employed by the Borough of Greenville as assistant fire chief. He had been continuously employed as a paid fireman for ten years.
"Upon the evening of that day a fire occurred in West Salem township, which adjoins Greenville, the fire being approximately one-eighth of a mile from the borough limits. There was an agreement in effect between the authorities of the township and of the borough which provided that when either municipality called upon the other for aid in putting out a fire, the other would respond. The General Borough Act of 1927, P.L. 519, Section 1202, as amended, 53 PS § 1337(a), authorizes an agreement of this character.
"When the serious nature of the fire was learned, the chief of the township fire department requested aid of the Greenville fire department, whereupon the Greenville chief, Howard C. Callahan, started for the fire in the borough fire truck, first instructing the attendant at the fire station to call two or three of the paid employees of the Greenville fire department to report at the fire. The attendant called the decedent at his home, whereupon the latter drove directly to the scene of the fire (in his own automobile) and reported to Fire Chief Callahan. It was a part of decedent's duty to be on call 24 hours a day and he was required by his employment to respond to a summons of the character received, whether the fire was within or outside of the borough.
"During that time that he was fighting the fire, Nelson acted under the orders and at the direction of the Greenville chief, but both he and the chief were under the general direction of the ...