276 Pa. 82 | Pa. | 1923
Opinion by
This is a workmen’s compensation case. On the morning of May 3, 1920, plaintiff’s husband, Harry C. Riley, while at work for defendant as a clerk, complained of pain in his left chest and about three hours later coughed up blood, but continued at his work until evening. On returning home, Riley made light of his wife’s suggestion that he looked ill; but after supper he called on the
While it was not necessary to prove the injury arose out of the employment (Clark v. Lehigh Valley Coal Co., 264 Pa. 529; Dzikowska v. Superior Steel Co., 259 Pa. 578), it was incumbent upon plaintiff to show her husband died from an accident sustained in the course of his employment (see sec. 301 of Act of June 2, 1915, P. L. 736, 738; Marsh v. Groner, 258 Pa. 473). This she sought to do by his declarations made to the doctor and also to herself, over ten hours after the accident; while in the meantime he had worked many hours, talked with many people, including his wife, ate his supper and gone to the doctor’s office. There is no ground upon which such declarations were competent as evidence. To be admissible as part of the res geste, declarations must be the spontaneous utterances accompanying or immediately succeeding or immediately preceding the act in question, so near in point of time and place as to be in
Excluding the declarations of Riley, as to the adding machine, there is nothing to support the finding of an accident, as the only one suggested was the strain resulting from that cause and there is not a word of competent evidence tending to show he lifted the machine; hence, it cannot be assumed he was hurt thereby. Furthermore,
The judgment is affirmed.