189 A. 524 | Pa. Super. Ct. | 1936
Argued December 9, 1936. The only question involved in this workmen's compensation case is whether the claimant met with an accident in the course of his employment. The conclusion of the compensation authorities was favorable to the claimant. The learned court below, in reversing, held that under the undisputed facts he was not entitled to an award. We all think the court was right. *571
The appellant, an employee of defendant company for a number of years, lived in Philadelphia and worked at defendant's plant at Marcus Hook. His hours were from 7 a.m. to 4 p.m. He received a salary of $50 per week, and, in addition, his employer reimbursed him for carfare he paid between Philadelphia and Marcus Hook.
On April 18, 1935, the claimant left his work at the usual quitting time, stopping about twenty-five minutes at the house of friends from whence he proceeded to the station at Marcus Hook. In attempting to board the 4:55 train when it was in motion to return to Philadelphia, he was thrown to the platform and was injured.
The general rule is that an employer is not liable for an accident occurring off its premises to an employee going to and from work: Cronin v. American Oil Co.,
The important distinction between this case and Bock v. Reading and Knorr v. Central R.R. of N.J., chiefly relied upon by the appellant, is that in those cases the plaintiffs had no regular hours of employment; they were subject to call at any time, while here plaintiff's work was between definite hours; at 4 o'clock he was through for the day.
In the Trego case, the court expressly recognized the rule that where transportation is not furnished by the *572 employer, and the employee, having ended his day's duties, leaves the premises of his employer, and starts home, his employment will usually be regarded as ended. Here, while the employee was paid carfare in addition to his salary, the facility of transportation was not provided by the employer; it had no control or authority whatever over the train operated by the railroad company to accommodate the public.
In Schott v. Penna. R.R.,
In Strohl v. East. Pa. Rys. Co.,
The present Chief Justice, in Morucci v. Susquehanna CollieriesCo.,
This claimant, as above stated, was employed for a definite time. Having finished his work for the day, he was a free agent; he could have returned to Philadelphia or have gone where he saw fit as he was no longer that day in the service of defendant.
The learned counsel for appellant having failed to convince us that the court below committed error, the judgment is affirmed.