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SANTILLO v. PITTSBURGH RAILWAYS COMPANY (07/17/56)

July 17, 1956

SANTILLO
v.
PITTSBURGH RAILWAYS COMPANY, APPELLANT.



Appeal, No. 111, April T., 1956, from judgment of County Court of Allegheny County, 1955, No. A 1310, in case of George Santillo v. Pittsburgh Railways Company. Judgment affirmed.

COUNSEL

Margaret M. Morrison, for appellant.

Frank R. Bolte, for appellee.

Before Rhoders, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Carr

[ 181 Pa. Super. Page 267]

OPINION BY CARR, J.

This is a workmen's compensation case in which the employer, Pittsburgh Railways Company, appeals from an Order of the County Court of Allegheny County affirming the findings of fact, conclusions of law and order of award of the compensation authorities in favor of the claimant.

On October 13, 1953 at about two o'clock in the afternoon George Santillo and a helper were on the elevated platform of a tower truck repairing overhead trolley lines on Forbes Street in the City of Pittsburgh when the truck was struck by a streetcar. A third employee

[ 181 Pa. Super. Page 268]

    was in the cab of the truck. Both men on the tower were knocked over and thrown against a rack or railing around the platform. Within a few minutes their supervisor arrived at the scene of the accident and the claimant told him he did not think he was injured but that he was "not feeling so good - rattled - would like to go home and rest up." The other two employees were taken to the company medical director for treatment of minor injuries and Santillo was taken home by a route foreman. The following day he reported for work and continued to work until February 11, 1954 when he was admitted to Doctors Hospital for observation and for x-rays of his back.

Appellant raises the same three questions on this appeal which were unsuccessfully advanced before the board and the County Court of Allegheny County. It contends that there was insufficient competent evidence to support the Fourth, Sixth and Tenth findings of the referee which were affirmed by the board and the court below. These findings are:

"Fourth: On October 13, 1953, while in the course of his employment with the Defendant, the Claimant was injured by accident when the tower truck on which he was working was struck by a street car, the Claimant sustaining a sprain of the back.

Sixth: On February 11, 1954, the Claimant became totally disabled as a result of the accidental injuries of October 13, 1953, which total ...


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