BRINKER v. GREENSBURG


409 Pa. 110 (1962)

Brinker, Appellant, v. Greensburg.

Supreme Court of Pennsylvania.

November 13, 1962.


Attorney(s) appearing for the Case

John D. Lyons, Jr., with him Scales and Shaw, for appellant.

Robert W. Smith, Jr., with him Smith, Best and Horn, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, November 13, 1962:

This appeal presents two questions: (1) is a volunteer fireman, an employee of a third class city for purposes of the Workmen's Compensation Act but not otherwise, or generally, a city employee, barred from suing the city in a trespass action to recover damages sustained while he was engaged in the performance of his duties as a volunteer fireman?; (2) if he is barred, is the city nevertheless required to...

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