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RUGH v. KEYSTONE-LAWRENCE TRANSFER AND STORAGE COMPANY (03/21/62)

March 21, 1962

RUGH
v.
KEYSTONE-LAWRENCE TRANSFER AND STORAGE COMPANY, APPELLANT.



Appeal, No. 222, April T., 1961, from order of Court of Common Pleas of Lawrence County, Sept. T., 1959, No. 150, in case of Ethel D. Rugh, widow of Fred P. Rugh, Deceased, v. Keystone-Lawrence Transfer and Storage Company. Order affirmed.

COUNSEL

Clem R. Kyle, with him V. C. Short, for appellant.

W. Walter Braham, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 197 Pa. Super. Page 528]

OPINION BY FLOOD, J.

Judgment was entered in the court below in favor of the claimant for benefits for the death of her husband under the Workmen's Compensation Act. The appellant contends that the decedent, at the time of the accident, was not its employe but was an independent contractor.

The referee found the following facts which were approved by the Workmen's Compensation Board and the court below and are fully sustained by the evidence:

"First: That the defendant, Keystone-Lawrence Transfer & Storage Company, entered into a lease agreement with Fred P. Rugh, under which agreement equipment, consisting of a trailer and tractor, owned by the said Fred P. Rugh, was leased to the defendant.

"Second: That at the time the equipment was leased by Mr. Rugh a written agreement was made between the parties, under which the full control, possession and management of the equipment was to be in the defendant company, for the term of the lease ...

"Third: That the defendant had the right to designate who would drive the equipment; also, that the defendant had the duty of seeing that the driver was familiar with certain provisions of the Motor Carriers' Safety Regulations, so that there would not be any violation of these Regulations; and defendant also had the duty of seeing that the driver furnished a Certificate of Physical Examination.

"Fourth: That under the terms of the agreement the defendant was to pay the driver for his services and withhold any withholding or Social Security tax required by the United States Government.

"Sixth: That the defendant instructed Mr. Rugh to drive to Sharon, Penna., where Mr. Rugh was to supervise

[ 197 Pa. Super. Page 529]

    the loading of steel on the equipment and, after the loading was completed, to deliver the steel in Kearney, N.J.

"Seventh: That on July 28, 1955, Mr. Rugh, while operating the leased equipment, on U.S. Route 22, near Harrisburg, Penna., was involved in a collision with another truck, which resulted in injuries ...


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