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GOODMAN v. UNIVERSITY SHOP (04/13/61)

April 13, 1961

GOODMAN
v.
UNIVERSITY SHOP, INC. (ET AL., APPELLANT).



Appeal, No. 73, Oct. T., 1961, from judgment of Court of Common Pleas of Berks County, May T., 1960, No. 153, in case of Janet E. Goodman, widow of Daniel Goodman, v. University Shop, Inc. et al. Judgment affirmed.

COUNSEL

Harry R. Matten, with him Matten and Cottom, for appellant.

Edward Youngerman, with him Harold Blumberg, and Yaffe and Blumberg, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 195 Pa. Super. Page 131]

OPINION BY WOODSIDE, J.

The question in this workmen's compensation case is whether Daniel Goodman was in the course of his employment when he was killed in an automobile accident at the Valley Forge toll gate of the Pennsylvania Turnpike on October 10, 1957.

The referee and board concluded that he was in the course of his employment when killed, and that the widow and the deceased's three minor children should be awarded compensation. Upon appeal by the insurance carrier of the defendant, the Court of Common Pleas of Berks County affirmed the board and entered judgment for the claimants. The insurance carrier appealed to this Court.

It is the prerogative of the board, and not the court, to weigh the testimony of witnesses and to accept or reject it in whole or in part, and the findings of the board are final if supported by competent evidence. Chuplis v. Steve Shalamanda Coal Co., 192 Pa. Superior Ct. 76, 80, 159 A.2d 520 (1960); Tanner v. U.S. Steel Corp., 176 Pa. Superior Ct. 420, 423, 107 A.2d 692 (1954).

[ 195 Pa. Super. Page 132]

We can, therefore, most accurately set forth the facts in the language of the board*fn1 as it found them.

"The decedent, Daniel Goodman, was the owner of 140 shares of Common Stock outstanding our of a total issue of 200 shares and was the President of the [defendant] corporation. His wife, the present claimant, was employed also by the corporation to do the routine bookkeeping for which she was to receive a salary, although she never actually collected the salary. The business in which the decedent was involved was The University Shop, Inc., the present defendant. It was a men's furnishing store located in Reading, Pennsylvania. The store employed two additional employes, Louis Lewis and Charles R. Sheidy, Jr.

"The decedent, on October 9, 1957, at or about 3:00 p.m. left The University Shop, Inc., in a 1957 Marcury Station Wagon. The station wagon at the time contained a clean shirt in a container, a large number of sheets of music and a sport jacket. The record reveals that the decedent, for a considerable period of time, had been interested in music, wrote lyrics, and was actually receiving a royalty for the sale of his music. The decedent arrived at the Lattimer Cafe, Inc., 247 South 17th ...


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