SOCHA v. METZ


385 Pa. 632 (1956)

Socha, Appellant, v. Metz.

Supreme Court of Pennsylvania.

June 25, 1956.


Attorney(s) appearing for the Case

I. Raymond Kremer, with him Rush, Kremer & Maerz, for appellant.

Levy Anderson, Deputy City Solicitor, with him Israel K. Levy, Assistant City Solicitor, Jerome J. Shestack, First Deputy City Solicitor, James L. Stern, Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE JONES, June 25, 1956:

The question in this case is whether the City of Philadelphia, in the trespass action here involved, waived its defense of liability for workmen's compensation when it did not formally raise the employer-employee relationship between it and the plaintiff's decedent until the plaintiff issued a mandamus execution to obtain satisfaction from the City of her judgment recovered against...

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