DocketNumber: Appeal 26
Citation Numbers: 98 Pa. Super. 108, 1930 Pa. Super. LEXIS 154
Judges: Poster, Trexles, Keller, Linn, Gawthrop, Cunningham, Baldrige
Filed Date: 12/9/1929
Status: Precedential
Modified Date: 11/14/2024
Argued December 9, 1929. The question of law is whether there is evidence to support the following finding of fact made by the referee: "4. The claimant was a man fifty years of age. He was afflicted with hardened arteries. The unusual work that the claimant was doing at the moment he was stricken, necessitated him to exert himself to an uncommon degree. This caused his blood pressure to rise. A diseased artery in the brain could not stand the strain and it broke, causing paralysis of his left side; this was an untoward event, an unexpected happening; an accident."
We think there is evidence to support that conclusion; this is not a case of apoplexy suffered while at claimant's usual work. He was a laborer in the mines, but had been at the particular work only from one-half to one and one-half hours when he sustained the injury. He was engaged in shoveling "rock, coal and dirt," using a No. 4 scoop shovel; it was his duty to throw or shovel the contents of his scoop a distance of 10 feet away and over a brattice or board partition 4 1/2 or 5 feet high. He testified "While I was shoveling coal suddenly I got a dizzy spell and I got a terrible pain in my head, a terrible head-ache and I fell over on some old timber there." A fire-boss testified as follows: "Q. When did Murphy have work cleaning a fall in the airway prior to this occasion where he had to shovel stuff 10 feet and then up over a brattice? A. Never worked at that before. Q. That was the only *Page 110 time he ever did that kind of work where he had to clean a fall of coal over a brattice? A. Yes." Another witness who worked with claimant testified "This was the first day at this job;" "when he fell he had on a load." Dr. Patrick testified that he suffered "a rupture of the blood vessels in the brain;" that the exertion incident to shoveling heavy loads the distance and height stated caused the rupture. Dr. Breslin testified that the exertion incident to the shoveling materially contributed to the rupture of the artery.
It is obvious that shoveling a large scoop of coal 10 feet away over the brattice would require extraordinary exertion. Claimant felt the pain in his head, as he described it, while exerting himself in his work. We must agree that there is evidence to support the finding of the referee. Recently there have been many cases quite like this which require that the judgment be affirmed; a number of them are collected in Calderwood v. Lumber Co.,
To those cases may be added the following: In Durga v. Williams,
The judgment is affirmed.
Skroki v. Crucible Steel Co. , 292 Pa. 550 ( 1928 )
Hamilton v. Pennsylvania R. R. , 298 Pa. 22 ( 1929 )
Honis v. Coxe Bros. Co., Inc. , 1929 Pa. Super. LEXIS 10 ( 1928 )
Zborovian v. Suffolk Anthracite Collieries Co. , 1928 Pa. Super. LEXIS 332 ( 1928 )
Lane v. Horn & Hardart Baking Co. , 261 Pa. 329 ( 1918 )
Hornetz v. Philadelphia & Reading Coal & Iron Co. , 277 Pa. 40 ( 1923 )
Calderwood v. Consolidated Lumber & Supply Co. , 1927 Pa. Super. LEXIS 166 ( 1927 )
Wolford v. Geisel Moving & Storage Co. , 262 Pa. 454 ( 1919 )
Balch v. Budd Mfg. Co. , 277 Pa. 548 ( 1923 )
Watkins v. Pittsburgh Coal Co. , 278 Pa. 463 ( 1924 )
Samoskie v. Philadelphia & Reading C. & I. Co. , 280 Pa. 203 ( 1924 )
Clark v. Lehigh Valley Coal Co. , 264 Pa. 529 ( 1919 )
Lesko v. Lehigh Valley Coal Co. , 1921 Pa. LEXIS 314 ( 1921 )
Tracey v. Philadelphia & Reading Coal & Iron Co. , 1921 Pa. LEXIS 323 ( 1921 )
Utzman v. Pennsylvania Rubber Co. , 1929 Pa. Super. LEXIS 184 ( 1929 )
McCoy v. Spriggs , 102 Pa. Super. 500 ( 1931 )
Bartlinski v. Northumberland Mining Co. , 117 Pa. Super. 437 ( 1934 )
Balaban v. Severe , 157 Pa. Super. 463 ( 1945 )
Crispin v. Leedom Worrall Co. , 142 Pa. Super. 1 ( 1940 )
Hill v. Thomas S. Gassner Co. , 124 Pa. Super. 217 ( 1936 )
Kotkoskie v. Northwestern Mining & Exchange Co. , 105 Pa. Super. 480 ( 1932 )
Pelusi v. Mandes , 109 Pa. Super. 439 ( 1933 )