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WHITE v. MORRIS ET AL. (12/28/56)

December 28, 1956

WHITE
v.
MORRIS ET AL., APPELLANTS.



Appeal, No. 288, Oct. T., 1956, from judgment of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1955, No. 9281, in case of George T. White v. Milton K. Morris et al. Judgment affirmed.

COUNSEL

Francis Logan, with him Penrose Hertzler, for appellants.

David L. Ullman, with him A. Allan Goodman, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Carr, JJ. (hirt, J., absent).

Author: Wright

[ 182 Pa. Super. Page 455]

OPINION BY WRIGHT, J.

In this workmen's compensation case the referee made an award which was affirmed by the Board and the court below. This appeal followed. The factual situation is set forth in the following excerpt from the opinion of the Board:

"Claimant, George T. White, of 6214 Glenmore Avenue, Philadelphia, Penna., was seriously injured on February 24, 1953 as the result of an accident on Township Road No. 812, approximately two miles west of

[ 182 Pa. Super. Page 456]

Manheim in Lancaster County. He was employed as a truck driver operating a tractor-trailer combination owned by the defendant, Milton K. Morris, of Island Road and Laycock Avenue, Philadelphia, and leased by defendant, at the time, to Transamerican Freight Lines.

"Defendant hired claimant and paid him on a commission basis - 22% of the amount of the rental receipts plus lodging expense while on the road. Defendant deducted for claimant's social security and withholding taxes. He testified, 'I told him what to do and how to do it. I was his boss. He took orders from me. He was on my payroll'.

"On Saturday, February 21, 1953, defendant, in Philadelphia, instructed plaintiff, in Philadelphia, to take the tractor-trailer combination to Hoboken, New Jersey to pick up a load of steel and return. Claimant did so and storaged the equipment, together with the load, in defendant's garage in Philadelphia, Saturday evening. On Monday, February 23, 1953, defendant instructed claimant to proceed with the tractor-trailer to some additional places in Philadelphia to pick up additional cargo. Claimant did so. Then, in accordance with instructions, he went to the Transamerican Freight Lines office on Ridge Avenue and picked up the bill of landing and other papers relating to the trip. These matters were completed at approximately 5:30 p.m.

"Instead of leaving as instructed by defendant directly from the Transamerican office on Ridge Avenue to the Pennsylvania Turnpike interchange at Norristown ... claimant returned to his home, washed, changed clothes and rested until 11:00 p.m. He then left Philadelphia over Lancaster Avenue ...


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