16 A.2d 45 | Pa. | 1940
In this case the Superior Court, reversing the judgment of the Court of Common Pleas of Centre County, held that the claimant was entitled to an award under the Workmen's Compensation Act, rejecting the employer's contention that the employment was not in the regular course of its business.
The employer company purchased an old brick plant, and in order to put it into shape to manufacture fire brick found it necessary to engage upon a large-scale program of reconstruction and repairs, together with the building of new sheds and kilns. For that purpose, in the summer of 1936, it engaged about twenty-five men, including claimant who was a carpenter. He started work on July 22 and was paid by the hour; he and the other men worked eight to ten hours a day, six days a week. On July 28 he suffered a serious accident in the course of his employment. The entire project required about six months' work, and claimant would normally have been employed for that length of time had the accident not occurred. *555
The Superior Court was of opinion that the reconstruction of the plant preparatory to its use for manufacturing purposes constituted the business of the company during the summer and fall of 1936, and that the employment of claimant was in the regular course of that business. The Court cited, in support of this conclusion, its decision in the case of Bordo v. Grayek,
In the opinion this day handed down in the case ofCochrane v. William Penn Hotel,
The order of the Superior Court reversing the judgment of the court below is affirmed.