Downs v. Linton's Lunch

Full title: Downs v. Linton's Lunch, Appellant

Court: Supreme Court of Pennsylvania

Date published: May 25, 1939

6 A.2d 515 (Pa. 1939)

6 A.2d 515

Opinion

May 16, 1939.

May 25, 1939.

Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.

Appeal, No. 221, Jan. T., 1939, from judgment of Superior Court, Oct. T., 1938, No. 247, reversing judgment of C. P. No. 1, Phila. Co., March T., 1938, No. 3707, in case of Anna Downs v. Linton's Lunch. Judgment affirmed.

Appeal by defendant from decision of Workmen's Compensation Board granting rehearing.

The facts are stated in the opinion of the Superior Court, reported in 134 Pa. Super. 248.

Order entered remitting record to board with instructions to dismiss petitions for rehearing, opinion by PARRY, J. Claimant appealed to Superior Court, which reversed the order of the court below. Appeal by defendant allowed to Supreme Court.

Errors assigned related to the action of the Superior Court in sustaining claimant's assignment of error and in entering judgment.

Louis Wagner, with him T. J. Clary and R. A. Smith, for appellant.

Alexander F. Barbieri, for appellee.

Argued May 16, 1939.

PER CURIAM, May 25, 1939:

The judgment of the Superior Court is affirmed on the opinion of Judge CUNNINGHAM, reported at 134 Pa. Super. 248.