Webb v. North Side Amusement Co.

• Decision Date: 25 November 1929
• Docket Number: 134
• Citation: 147 A. 846,298 Pa. 58
• Parties: Webb v. North Side Amusement Co., Appellant
• Court: Pennsylvania Supreme Court

147 A. 846

298 Pa. 58

Webb v. North Side Amusement Co., Appellant

No. 134

Supreme Court of Pennsylvania

November 25, 1929

Argued October 2, 1928

Appeal, No. 134, March T., 1929, by defendant, from judgment of C.P. Allegheny Co., April T., 1929, No. 1201, sustaining an award for claimant by workmen's compensation board, in case of Lillian E. Webb v. North Side Amusement Company. Affirmed.

Appeal from decision of workmen's compensation board, affirming award of referee in favor of claimant. Before MOORE, J.

The opinion of the Supreme Court states the facts.

Decision sustained. Defendant appealed.

Error assigned was judgment, quoting record.

The judgment is affirmed.

L Barton Ferguson, for appellant.

Franklin A. Ammon, for appellee, was not heard.

Before MOSCHZISKER, C.J., FRAZER, WALLING, SIMPSON, SADLER and SCHAFFER, JJ.

OPINION

PER CURIAM:

This is an appeal from a judgment affirming an award to petitioner Lillian E. Webb, for the death of her husband, Earl C. Webb, who died as the result of injuries received in an automobile in which he was acting as chauffeur. The single question involved on this appeal is whether or not the decedent was killed in the course of his employment with the North Side Amusement Company, defendant. Webb had a dual employment; he was hired as a chauffeur by the amusement company, and as a private driver and houseman by its general manager, Nathan Friedberg. As chauffeur for the amusement company, "his duties consisted of 'extra aid,' and acting as chauffeur for the general manager, or for the manager, or going to and from the film exchange, and otherwise promoting the interests of his employer, . . . for [which] services [to the company] he was paid $20 a week. For services [rendered privately to Friedberg] Webb received $5 a week, possibly $10." The motor car used in all the work was Friedberg's.

On July 25, 1928, Friedberg, the general manager, Amdur, the assistant manager, and another, were driven by Webb to New York City in the general manager's car, -- a business trip made by the two managers for the purpose of inspecting talking motion pictures with a view to later installing them in the theatre which defendant company operated. When this inspection was completed on Friday, July 27th, the party drove to Atlantic City, at Amdur's suggestion, for, -- according to defendant's version, which we may accept without discussion, -- purely recreational purposes. Arriving there the same day, they remained until the following Sunday...