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DANDY v. GLAZE. (01/16/62)

January 16, 1962

DANDY, APPELLANT,
v.
GLAZE.



Appeal, No. 419, Oct. T., 1961, from judgment of Court of Common Pleas No. 5 of Philadelphia County, March T., 1961, No. 2338, in case of Waddy Dandy v. George Glaze. Judgment affirmed.

COUNSEL

Jerome R. Balka, with him Henry W. Balka, and Balka and Balka, for appellant.

Peter P. Liebert, 3rd, with him John J. McDevitt, 3rd, for appellee.

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

Author: Montgomery

[ 197 Pa. Super. Page 219]

OPINION BY MONTGOMERY, J.

In this workmen's compensation case, claimant appeals from the order of the lower court dismissing his Exceptions to the Board's seventh Finding of Fact and second Conclusion of Law to the effect that the accident in which claimant was involved did not occur in the course of his employment.

Claimant was employed as a helper on a trash truck. He customarily worked a six day week, Monday through Saturday, from 7:00 A.M. until 4:00 to 5:00 P.M. Employes were paid customarily by the employer on Saturday upon the completion of their work, at either the employer's premises or in front of a taproom opposite his premises, on the other side of the street.

The Board found that the claimant, having completed his work and having failed to find the employer at either place, patronized the taproom and remained there from two and a half to three hours. Claimant then left the taproom and was struck by an automobile

[ 197 Pa. Super. Page 220]

    while endeavoring to cross the street to the employer's premises.

The Board found on its seventh Finding of Fact that: "The accident occurred in the public highway, not on defendant's premises. Claimant had violated the instructions and terminated his employment by entering a taproom, instead of waiting outside, and by remaining there from 2 1/2 to 3 hours."

In its second Conclusion of Law the Board stated: "The accident having occurred in the public highway away from the premises of the employer, the employee having embarked upon and persisted in an activity foreign to and contrary to the terms of his employment, the employee was not actually furthering the employer's business and was not ...


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