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BOGAN v. SMOOTHWAY CONST. CO.

183 Pa.Super. 170 (1957)

Bogan v. Smoothway Construction Company, Appellant.

Superior Court of Pennsylvania.

March 20, 1957.

Attorney(s) appearing for the Case

John F. Will, Jr., for appellant.

Saul J. Bernstein, with him Irving Sikov, and Bernstein & Campbell, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ.

OPINION BY RHODES, P.J., March 20, 1957:

This is an appeal in a workmen's compensation case. The following are the principal issues: (1) Whether deceased, the husband of claimant, who drove his own truck for the defendant road construction company, was an independent contractor or an employe of defendant at the time of his death, and (2) whether his death was due to natural causes or to an accidental injury, assuming deceased was employed by defendant.

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