Philadelphia Ry Co v. Polk, No. 298

CourtUnited States Supreme Court
Writing for the CourtMcKENNA
Citation65 L.Ed. 958,256 U.S. 332,41 S.Ct. 518
Decision Date16 May 1921
Docket NumberNo. 298
PartiesPHILADELPHIA & R. RY. CO. v. POLK

256 U.S. 332
41 S.Ct. 518
65 L.Ed. 958
PHILADELPHIA & R. RY. CO.

v.

POLK.

No. 298.
Argued April 28, 1921.
Decided May 16, 1921.

Mr. George Gowen Parry, of Philadelphia, Pa., for petitioner.

Mr. Francis M. McAdams, of Philadelphia, Pa., for respondent.

Mr. Justice McKENNA delivered the opinion of the Court.

Certiorari to review a judgment of the Supreme Court of the state of Pennsylvania affirming an award made under the Workmen's Compensation Board of the state in favor of respondent who is the widow of John M. Polk, who died as the result of an accident, occurring in the course of his employment by the railway company.

The matter of her petition proceeded in due course from referee of the board to the board, from the latter to the court of common pleas, and thence to the Supreme Court of the state, she being adjudged by all of them entitled

Page 333

to an award under the Workmen's Compensation Act of the state (Pa. St. 1920, § 21916 et seq.).

The facts as found are that Polk on August 28, 1917, while employed by the railway company on a freight train, in its Port Richmond Yard, handled by engine No. 832 was caught between two cars, and as a result thereof sustained injuries from which he died.

At the time of the occurrence of the injury the company was a common carrier, by rail, engaged in interstate and intrastate commerce, and that at such time there was a draft of freight cars attached to the engine which was in charge of the crew of which Polk was a member. Some of these cars were bound from points within the state to other points within the state and the others were loaded with various commodities, some of which were bound from points outside of the state to points within the state, and others of which were bound from points within the state to points outside of the state, and there was at least one car of this draft which was passing through the state from a point in New York to a point in Illinois.

The board, upon the appeal of the company, adopted the findings of fact and conclusions of law of the referee and affirmed his award. This action was affirmed by the court of common pleas and the latter's judgment by the Supreme Court. 266 Pa. 335, 109 Atl. 627.

The referee did not find definitely as a fact that Polk was engaged in intrastate commerce at the time of his injury, but assumed that the fact might be so; therefore, regarded it as so, because in his (the referee's) opinion the burden of proving the contrary;...

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56 practice notes
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • March 30, 1925
    ...Commission, 251 U.S. 259, 64 L.Ed. 258; Erie R. R. Co. v. Collins, 253 U.S. 77, 64 L.Ed. 790; Philadelphia & Reading R. R. Co. v. Polk, 256 U.S. 332, 65 L.Ed. 958; Industrial Accident Commission v. Davis, 259 U.S. 182, 66 L.Ed. 888. Applying these tests to appellee's status, there is no esc......
  • Cato v. Atlanta & C. A. L. Ry. Co, No. 13240.
    • United States
    • United States State Supreme Court of South Carolina
    • September 10, 1931
    ...in interstate commerce." Scoggins v. Railway Co. (D. C.) 292 F. 162, 163. In the case of Philadelphia, etc., Railway Company v. Polk, 256 U. S. 332, 41 S. Ct. 518, 65 L. Ed. 958, the court said: "At the time of the occurrence of the injury the company was a common carrier, by rail, engaged ......
  • Sassaman v. Pennsylvania R. Co., No. 8408.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 12, 1944
    ...not be a paramount consideration for insisting that such an erroneous course be pursued to the end. See Philadelphia & R. R. Co. v. Polk, 256 U.S. 332, 333, 334, 41 S.Ct. 518, 65 L.Ed. 958. The case was tried to the court. I conclude that we should direct the court below to reopen the recor......
  • Milling Co v. Bondurant, DAHNKE-WALKER
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...907; Philadelphia & Reading Ry. Co. v. Di Donato, 256 U. S. 327, 41 Sup. Ct. 516, 65 L. Ed. 955; Philadelphia & Reading Ry. Co. v. Polk, 256 U. S. 332, 41 Sup. Ct. 518, 65 L. Ed. 958. 5 See, e. g., Philadelphia & Reading Ry. Co. v. McKibbin, 243 U. S. 264, 37 Sup. Ct. 280, 61 L. Ed. 710; Pe......
  • Request a trial to view additional results
56 cases
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • March 30, 1925
    ...Commission, 251 U.S. 259, 64 L.Ed. 258; Erie R. R. Co. v. Collins, 253 U.S. 77, 64 L.Ed. 790; Philadelphia & Reading R. R. Co. v. Polk, 256 U.S. 332, 65 L.Ed. 958; Industrial Accident Commission v. Davis, 259 U.S. 182, 66 L.Ed. 888. Applying these tests to appellee's status, there is no esc......
  • Cato v. Atlanta & C. A. L. Ry. Co, No. 13240.
    • United States
    • United States State Supreme Court of South Carolina
    • September 10, 1931
    ...in interstate commerce." Scoggins v. Railway Co. (D. C.) 292 F. 162, 163. In the case of Philadelphia, etc., Railway Company v. Polk, 256 U. S. 332, 41 S. Ct. 518, 65 L. Ed. 958, the court said: "At the time of the occurrence of the injury the company was a common carrier, by rail, engaged ......
  • Sassaman v. Pennsylvania R. Co., No. 8408.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 12, 1944
    ...not be a paramount consideration for insisting that such an erroneous course be pursued to the end. See Philadelphia & R. R. Co. v. Polk, 256 U.S. 332, 333, 334, 41 S.Ct. 518, 65 L.Ed. 958. The case was tried to the court. I conclude that we should direct the court below to reopen the recor......
  • Milling Co v. Bondurant, DAHNKE-WALKER
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...907; Philadelphia & Reading Ry. Co. v. Di Donato, 256 U. S. 327, 41 Sup. Ct. 516, 65 L. Ed. 955; Philadelphia & Reading Ry. Co. v. Polk, 256 U. S. 332, 41 Sup. Ct. 518, 65 L. Ed. 958. 5 See, e. g., Philadelphia & Reading Ry. Co. v. McKibbin, 243 U. S. 264, 37 Sup. Ct. 280, 61 L. Ed. 710; Pe......
  • Request a trial to view additional results

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