130 A. 265 | Pa. | 1925
This is a proceeding by a widow to recover compensation for the death of her husband, which she alleges resulted from an injury received by him in a mine belonging to defendant in which he was employed. The referee awarded compensation, his conclusion was reversed by the compensation board and its action was overturned by the court below. Following the court's decision the board found in plaintiff's favor; this finding was confirmed by the common pleas, from whose judgment we have this appeal by defendant, on the ground that there was no competent evidence of an injury having been received by the decedent.
No one saw the alleged accident which is the foundation for plaintiff's right to an award. Her husband told her on his return home at the conclusion of his day's work that he had strained himself while engaged, as he was required to be, in throwing a chain weighing between 75 and 100 pounds. He had also stated to his son, who likewise worked in the mine, that about two hours previously he had strained himself during the course of his duties. It was shown that when the deceased went to his employment on the morning of the accident he was in good health, that after he had worked some portion of the day he did not look well, that when he returned home he was holding his side, that he sent for a physician two days after the alleged injury, that he was not able to return to work and died four days subsequent to that of the alleged injury from acute myocarditis, which it was testified could have been caused by a strain.
We pass over the medical testimony in the case, which it is argued pro and con is sufficient to show that the alleged strain was the producing cause of death, as not necessary to be considered because there is no adequate proof that the injury was sustained in the course of his employment. All that we have is the declaration of the deceased to his son, two hours after he claimed he *38
was injured, that he had strained himself in throwing the chain and a like declaration to his wife on his return home at the end of his day's work. Their testimony is pure hearsay, — the deceased's declarations not a part of the res gestæ of the occurrence he recited, — and there is nothing else in the case. That he was in apparent good health in the morning and later in the day did not look well can amount to nothing as a circumstance in plaintiff's favor, unless there was competent evidence as to why he looked ill. Claimant's counsel cites to us Stahl v. Watson Coal Co.,
The assignments of error are sustained and the judgment of the court below is reversed, with directions to enter it for defendant.