Appeal, No. 180, April T., 1955, from judgment of Court of Common Pleas of Westmoreland County, May T., 1954, No. 477, in case of Thelma N. Elliott v. Delmont Fuel Company et al. Judgment affirmed.
Robert W. Smith, Jr., with him Smith, Best & Horn, for appellant.
Earl S. Keim, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 183 Pa. Super. Page 14]
This appeal is from the decree of the Court of Common Pleas of Westmoreland County involving a Workmen's Compensation case, reversing the board and awarding compensation to claimant.
Claimant's deceased husband was employed by Delmont Fuel Company as chief electrician and master mechanic for a period approximately seven years prior to the fatal accident which occurred on December 7, 1952. At the time of the accident, decedent was operating a jeep automobile, owned by defendant company, and on his way to pick up a water filter to be installed in the home which was owned by the defendant company and in which he was living and furnished to him as a part of his contract of employment.
The home in which decedent resided was repaired on many instances at company expense. The record discloses that on several occasions the labor and plumbing supplies, lumber, cement, wallpaper was furnished by the company at no expense to decedent. The water for the house was obtained from a well on the premises, which was hard and unsatisfactory for general use. All other utilities were furnished to decedent without charge.
[ 183 Pa. Super. Page 15]
On Sunday morning, December 7, 1952, the decedent took a company jeep and started on his way to pick up other company employees for the purpose of removing a water filter from the home of Thomas McGrath who was a mine foreman for Delmont Fuel Company. Previous arrangements for the removal of the same were made and the matter was discussed with Leonard Leedy, superintendent of defendant company, who offered to help with its installation in decedent's home. While en route, decedent became involved in a collision with a large truck on state highway Route 31 as a result of which he died.
The testimony disclosed that during the time decedent was employed by Delmont Fuel Company, he had complete freedom in calling of employees for work at any time the need arose, and his superior in all instances condoned those acts which might have required their approval. Two employees testified that on the morning of the accident, decedent Elliott called each of them and asked them if they would go with him to help in loading the water filter on the jeep.
From these facts the referee concluded that decedent was not engaged in furthering the business of his employer and accordingly disallowed the claim for compensation. The board affirmed the findings of fact and conclusions of law from which an appeal was filed to the Court of Common Pleas of Westmoreland County. The court below reversed the action of the board in holding that decedent was ...