No specific laws identified for this ruling.
Court sustained the employer's appeal and modified the workers' compensation award so that the $200 funeral expenses for an employee who died of silicosis would be paid jointly by the employer (10%) and the Commonwealth (90%), consistent with the Occupational Disease Compensation Act's cost-sharing provisions.
Appeal, No. 110, Oct. T., 1911, by defendants, from judgment of C. P. Washington Co., Feb. T., 1910, No. 216, for plaintiff on case stated in case of Sarah E. Hyde, Lydia A. Bebout,- Nancy McGregor, James R. McGregor, Nora McGregor, William McGregor and Elizabeth McGregor v. H. H. Rainey, James H. Rainey and Retta A. Rainey. Case stated to determine rights and title- to the coal, oil and gas in and under a tract of land in Nottingham township. Before Taylor, J. By the case stated it appeared that Jane Rainey died on August 1,1890, at the age of eighty-one years, leaving a last will and testament made on January 4,1890. The fifth item of the will was as follows: “I will and bequeath to my son Hermon H. Rainey all that tract of land situated in Nottingham Township, Washington County, Penna. on which I now reside subject to the above named bequests which he is to pay to my daughters Lydia Bebout and. Maria J. McGregor, and One Hundred Dollars to John Dixon will be hereinafter mentioned. The above named farm contains Two Hundred and Twenty acres more or less, together with all the farming implements which I possess, including One Two Horse Wagon, One Four horse wagon and one Spring Wagon, and at the death of my son Harmon H. Rainey the above bequest is to descend to his children.” The sixth item of the will was as follows: “It is my will that if — during -the period- of my-natural life if the farm on which I reside shall be leased for the purpose of mining for coal, gas or oil'that the proceeds of the lease shall be divided between my four children, viz: Sarah-E. Hyde, Lydia A. Bebout, Maria J. McGregor and Harmon H. Rainey, share and share alike.” The tract of land on Which the said Jane Rainey lived at the time of the execution of the will, which is referred to in the ninth item of her will, is the same tract of land which was devised to Harmon H. Rainey for life, with remainder to his children, by the fifth item of her will.
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