Constantin v. Pub. Serv. Comm'n, (No. 2691.)

CourtSupreme Court of West Virginia
Writing for the CourtPOFFENBARGER
Citation75 W.Va. 32,83 S.E. 88
PartiesDE CONSTANTIN. v. PUBLIC SERVICE COMMISSION.
Docket Number(No. 2691.)
Decision Date29 September 1914

83 S.E. 88
75 W.Va.
32

DE CONSTANTIN.
v.
PUBLIC SERVICE COMMISSION.

(No. 2691.)

Supreme Court of Appeals of West Virginia.

Sept. 29, 1914.


[83 S.E. 88]
(Syllabus by the Court.)

Application on behalf of one De Constantin to the Supreme Court for an order requiring the Public Service Commission to allow a rejected claim to right of participation in the workmen's compensation fund. Order refused.

Jos. W. Henderson, of Carlisle, Pa., and Francis Rawle, of Philadelphia, Pa., for appellant.

A. A. Lilly, Atty. Gen., and Frank Lively, Asst. Atty. Gen., for appellee.

POFFENBARGER, J. [1] The rejection of the claim to right of participation in the workmen's compensation fund, made on behalf of the dependents of Guiseppe Zippi, by the acting royal consul of Italy, is the occasion of this first application to this court for the exercise of its supervisory powers over the Public Service Commission respecting its administration of that fund. This proceeding is authorized by a statute different from the one under which United Fuel Gas Co. v. Public Service Commission, 80 S. E. 931, was instituted, but the constitutional provisions referred to in the opinion in that case render it impossible to treat this one as an ordinary appeal or bring it within the appellate jurisdiction of this court. What the statute (section 43 of chapter 10 of the Acts of 1913 [Code 1913, c. 15p (sec. 699)]) denominates an appeal must, if possible, be regarded as a right given to a claimant to participation in the fund in question, to apply to this court for the exercise of its original jurisdiction. Any other construction would render the provision unconstitutional. The commission itself is not a court. It is only an administrative board, possessing quasi judicial and legislative powers. United Fuel Gas Co. v. Public Service Commission, cited. Its powers, in the administration of the workmen's compensation fund, are not substantially different from its powers over other matters within its control; and the principles upon which the jurisdiction of this court over its acts, by original process, was sustained in the case just cited determine the jurisdictional question now presented.

Only the claimant to participation in such fund can apply to this court for such relief, and he is permitted to do so only in those instances in which the commission, by its final action, has denied to him such right, upon some ground going to the basis of his claim, such as self-infliction of the injury, of which...

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76 practice notes
  • Ward School Bus Mfg., Inc. v. Fowler, No. 76-150
    • United States
    • Supreme Court of Arkansas
    • February 22, 1977
    ...proceeding and Page 405 the review is the exercise of original jurisdiction. DeConstantin v. Public Service[261 Ark. 119] Commission, 75 W.Va. 32, 83 S.E. 88, L.R.A.1916A. 329 (1914). In West Virginia, the original jurisdiction in the Supreme Court in Workmen's Compensation cases is based u......
  • Rogers v. State Compensation Com'r, Nos. CC815
    • United States
    • Supreme Court of West Virginia
    • November 9, 1954
    ...was sustained in the case just cited determine the jurisdictional question now presented.' DeConstantin v. Public Service Commission, 75 W.Va. 32, 83 S.E. 88, L.R.A.1916A, 329. It is to be noted that the Public Service Commission, in the DeConstantin case was performing the duty of administ......
  • Roof Serv. of Bridgeport, Inc. v. Trent, No. 19-0200
    • United States
    • Supreme Court of West Virginia
    • November 20, 2020
    ...in the contract of employment of its use by the servant in going to and returning from work. De Constantin v. Pub. Serv. Comm'n , 75 W.Va. 32, 83 S.E. 88, Syl. Pt. 2 (1914). This Court has found that "[t]he doctrine of respondeat superior is not typically applicable while [an] employee is c......
  • Burchett v. Anaconda Copper Mining Co., 5225
    • United States
    • United States State Supreme Court of Idaho
    • December 20, 1929
    ...where the employer's operations are being carried on. Walker v. Hyde, 43 Idaho 625, 253 P. 1104; De Constantin v. Public Service Com., 75 W.Va. 32, 83 S.E. 88, L. R. A. 1916A, 329; Hills v. Blair, 182 Mich. 20, 148 N.W. 243; Morey v. City of Battle Creek, 229 Mich. 650, 38 A. L. R. 1039, 20......
  • Request a trial to view additional results
76 cases
  • Ward School Bus Mfg., Inc. v. Fowler, No. 76-150
    • United States
    • Supreme Court of Arkansas
    • February 22, 1977
    ...proceeding and Page 405 the review is the exercise of original jurisdiction. DeConstantin v. Public Service[261 Ark. 119] Commission, 75 W.Va. 32, 83 S.E. 88, L.R.A.1916A. 329 (1914). In West Virginia, the original jurisdiction in the Supreme Court in Workmen's Compensation cases is based u......
  • Rogers v. State Compensation Com'r, Nos. CC815
    • United States
    • Supreme Court of West Virginia
    • November 9, 1954
    ...was sustained in the case just cited determine the jurisdictional question now presented.' DeConstantin v. Public Service Commission, 75 W.Va. 32, 83 S.E. 88, L.R.A.1916A, 329. It is to be noted that the Public Service Commission, in the DeConstantin case was performing the duty of administ......
  • Roof Serv. of Bridgeport, Inc. v. Trent, No. 19-0200
    • United States
    • Supreme Court of West Virginia
    • November 20, 2020
    ...in the contract of employment of its use by the servant in going to and returning from work. De Constantin v. Pub. Serv. Comm'n , 75 W.Va. 32, 83 S.E. 88, Syl. Pt. 2 (1914). This Court has found that "[t]he doctrine of respondeat superior is not typically applicable while [an] employee is c......
  • Burchett v. Anaconda Copper Mining Co., 5225
    • United States
    • United States State Supreme Court of Idaho
    • December 20, 1929
    ...where the employer's operations are being carried on. Walker v. Hyde, 43 Idaho 625, 253 P. 1104; De Constantin v. Public Service Com., 75 W.Va. 32, 83 S.E. 88, L. R. A. 1916A, 329; Hills v. Blair, 182 Mich. 20, 148 N.W. 243; Morey v. City of Battle Creek, 229 Mich. 650, 38 A. L. R. 1039, 20......
  • Request a trial to view additional results

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