GAMMAITONI v. GASPARINI EX. CO.


185 Pa.Super. 643 (1958)

Gammaitoni v. Gasparini Excavating Company et al., Appellants.

Superior Court of Pennsylvania.

March 27, 1958.


Attorney(s) appearing for the Case

Penrose Hertzler, with him Daniel H. Jenkins, for appellants.

Milton J. Kolansky, for appellee.

Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT and GUNTHER, JJ., absent).


OPINION BY ERVIN, J., March 27, 1958:

In this workmen's compensation case both the referee and the board found for the claimant and made an award in his favor. This is an appeal from a judgment entered by the court below sustaining the award. As usual, the only question is whether or not the claimant suffered an accident from which compensable disability resulted.

On April 1, 1953 the claimant was engaged as a common laborer in digging a ditch. The ground...

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