Opinion
May 5, 1931.
July 8, 1931.
Appeal No. 105, April T., 1931, by defendant from judgment of C.P., Clarion County, May T., 1929, No. 114, in the case of G.W. Smith v. Julius Weidner and Indemnity Insurance Company of North America.
Before TREXLER, P.J., KELLER, LINN, GAWTHROP, CUNNINGHAM, BALDRIGE and DREW, JJ. Affirmed.
Appeal from award of Workmen's Compensation Board. Before HARVEY, P.J.
The facts are stated in the opinion of the Superior Court.
The court sustained the award of the Workmen's Compensation Board. Defendant appealed.
Error assigned, among others, was the order of the court.
Harry J. Nesbit, and with him Harry M. Rimer, for appellant.
George P. Whitmer, for appellee.
Argued May 5, 1931.
Appellee was injured in the same accident which gave rise to the case of Mooney v. Weidner, No. 106 April Term, 1931, in which an opinion has been filed this day. For the reasons there expressed we conclude that appellee herein was an employee of appellant at the time of injury and not an independent contractor and that he is therefore entitled to compensation.
The judgment is affirmed.