182 A. 732 | Pa. Super. Ct. | 1935
Argued November 12, 1935. The question involved in this appeal is whether there is sufficient evidence on the record to sustain a finding of the workmen's compensation board that the husband of the claimant was killed in the course of his employment with the city of Reading. The referee and board found for the claimant and the action of the board was affirmed by common pleas.
Salem J.K. Bock was, for a number of years, employed by the city of Reading as foreman of its garbage disposal plant. On February 9, 1933, between 6:30 and 7:00 P.M., he was found seriously injured in an automobile belonging to the city on a public road between Reading and his home, and he died a few minutes later. The garbage plant was located southwest of Reading and the deceased lived at Kutztown, northeast of Reading and about eighteen miles from the plant. William J. Smith, one of the city councilmen and director of the department in charge of the garbage plant, testified: "When Mr. Bock first came to the city of Reading, back in 1923, if my memory serves me right, he had been an employe of the Kutztown Foundry Company. And it was a joint arrangement between the *470 Kutztown Foundry and the city of Reading whereby we could have his services as a foreman to operate the garbage plant; and at that time he had the use of the Kutztown Foundry Company's Ford car, or at least a small car. And then later, Mr. Bock of course became an out-and-out employe of the city, with no obligation to the Kutztown Foundry. In view of the fact that he lived at Kutztown, and at that time was without a machine, I agreed to let him have the machine and let him go back and forth to his home because of the lack of transportation at the hour at which he came some mornings to work, and that is how the car happened to be assigned to Mr. Bock. It was a matter entirely between myself and Mr. Bock, not by any action of Council." Bock was employed by virtue of a resolution of council as follows: "Resolved, That Salem Bock be and he hereby is appointed foreman at the Garbage Disposal Plant, effective July 2, 1923." No formal action by council was found fixing his compensation, but he was paid by the city for ten years first at the rate of $2,400 and then at $3,000 per annum. He was first furnished with a Ford and then with a Dodge Coupe which the city kept in repair and maintained, including gasoline and oil. From time to time he reported at the city hall and his hours of service were largely determined by himself, except that he was required to report at the plant early in the morning before there was available any public transportation service. He usually left his work about 3:30 P.M., but on occasions was detained until 6:00 P.M. and later.
As a general proposition, the liability of an employer ceases when the employee leaves the premises where he is employed, and the compensation law does not apply to an employee while going to and returning from his place of employment: Haley v. Phila.,
There is also a line of cases in which it has been held that the furnishing of the transportation must not be for the sole convenience of the employee but by order of the master, express or implied: Haley v. Phila., supra. The case upon which the board and the court relied and one most closely resembling the case we are considering is that of Knorr v. Central R.R. of N.J.,
The referee found, and his findings were affirmed by the board, that the city of Reading furnished Bock with an automobile owned by it for a number of years, and the car was kept in repair and furnished with gasoline and oil required for the purpose of going to and from the plant; that `when he sustained his injury he was on his way home from the city of Reading, using the facilities furnished by the city of Reading; that while the transportation furnished him by the city of Reading, if not a part of his compensation, was a privilege incidental to the contract of service, and that the use of the car furnished by the city of Reading was both beneficial to the employer and the employee and that when he sustained his accidental injury he was in the course of his employment with the defendant."
The courts of this state, as well as those of other states, have, since the enactment of this form of legislation, placed a liberal construction on compensation laws (Maguire v. James Lees Sons Co.,
Appellant also suggests that there was evidence showing that Bock left his place of employment before 4:00 P.M. and was not found until at least 6:30 P.M. We do not regard these facts as controlling. There was just such a situation in Dunn v. Trego, supra. When Bock was injured he was on the direct line of travel between the plant and his home, and even though he may have transacted some private business in Reading, such fact would not defeat the claim. We have the further fact to consider that no one testified or gave any evidence from which it could be inferred just how long before Bock was found the accident actually occurred.
It is further urged that no resolution of council has been shown specifically authorizing the councilman to make a contract with Bock for the use of the automobile. Conceding this to be true, it does not follow that the claimant is not entitled to compensation. "It is well settled that contracts which are within the scope of the corporate powers but not authorized by proper action of the municipal corporation, that is, contracts not ultra vires, may be ratified by the proper corporate authorities, but contracts beyond the corporate powers, that is, contracts which the corporation is not permitted legally to enter into are not subject of ratification": 3 McQuillin Municipal Corporations (2d Ed.) § 1358. Also, see Hamilton Ave.,
Judgment of the court below is affirmed.