266 Pa. 412 | Pa. | 1920
Opinion by
This case is under the State Workmen’s Compensation Act. On March 18, 1918, Pasqnale Di Donato, while in defendant’s employ as a watchman at a public road crossing in this State, was killed by a train on tracks used for both intra and interstate commerce, and it does not appear to which branch of the service that train, or the one he was flagging, belonged. The referee made an award in favor of his widow; from which defendant appealed to the compensation board and later to the court below; and, the board and the court having affirmed the award, defendant brought this appeal.
In our opinion the case was properly decided. However, if the deceased lost his life while employed in interstate commerce, the case is within the Federal Employ
Plaintiff made out a prima facie case by showing, inter alia, the employment, work and accident in this State, and the burden is on defendant, who interposed the federal statute, to prove facts necessary to bring the case within its terms. While a state court can take judicial notice of an act of Congress it cannot take such notice of facts necessary to bring a particular case within its provisions. The Federal Employers’ Liability Act, applicable to interstate commerce only, bears no analogy to the Federal Bankruptcy Act, which is of general application. There is no presumption that the train a watchman at a local crossing was flagging when killed was an interstate train. It is not a matter governed by presumption but by proof (Hench v. Penna. R. R. Co., 246 Pa. 1, 6; and see Hancock v. Phila. & R. Ry. Co.,
The judgment is affirmed.