Thе plaintiff is Ronald Field. At the time of the incidents described * he was a little over 16 years of age, working for defendant Jack & Jill Ranch. This is described in the record as a “dude ranch.” It caters to vacationers interested in horseback riding. Plaintiff, however, was not hired for wоrk in the barn, or with horses. He was hired as kitchen help, more specifically for pot washing. In this capacity he worked from 8 a.m. until noon, then he was off for 2 or 3 hours, when he returned and worked through the supper hoiir and until the supper dishes and utensils were cleaned. On his dаy off (Sunday) he was allowed to use the recreational facilities of the camp and to have a 1-hour horseback ride'.
So far the facts are fairly well agreed. The area of disagreement coincides with the area of the injury' and prominent with rеspect thereto is the' operation described as “wrangling.” The horses were pastured some little distance from the barn. Wrangling, “what it amounted to was just going-down and when you rode behind the horses they would go and turn to the barn.” They were then brushéd down, given their morning oats, and saddled fqr the guests’ breakfast ride, which left the barn at 7 a.m. The wrangling thus took place at an early hour.
On the morning in question plaintiff was engaged in wrangling. His horse sidestepped into a post which' struck him in the stomach, resulting in a rupture of the cortex of the kidney. He was hospitalized for approximately 2 weeks, and thereafter suffered intermittently from cramps following upon heavy lifting. Application for hearing and adjustment of claim resulted in a hearing before a deputy commissioner who denied compensation on the ground that plaintiff’s injury did not arise out of *276 and in the course of his employment, in that he' was voluntarily participating in riding. Upon appeal to the commission the award was reversed and plaintiff found to he entitled to compensation, doubled because of a finding of the illegal employment. From the award of the commission defendants appeal upon leave granted.
Plaintiff, as we have seen, was employed as a pot washer. How, then, did he find himself engaged in wrangling? It is the position of defendants that plaintiff requested the additional riding for his own recreation and pleasure, because he, like the other employees, was “somewhat overcome by the glamor of the horses.” Since it cannot be denied that the permission, if asked, was given, defendants go on to deny the authority of the agent to grant such permission, and to assert, finally, that the whole wrangling operation (as accomplished, on horseback) was unnecessary, since: “You could walk in the pasture and walk behind the horses and they would come in the barn.” This latter the defendants direct to the point that no benefit accrued to the ranch from the wrangling operation, thus doubly riveting the' point that only plaintiff’s personal pleasure was involved.
The plaintiff’s version differs markedly, in substance, in detail, and in emphasis. He asserts that he had been at the ranch only a matter of days when he was approached by one Tuck, who was then in charge of the barn. The barn foreman, Tex, was at that time in the hospital. Tuck, according to plaintiff, “had seen me riding and he just asked me if I would like' to get in some extra riding because they were short of help and I could help wrangle if I’d like to.” We note, in passing, that plaintiff testified that after Tex returned from the hospital *277 he, Tex, also asked- plaintiff to assist in the wrangling. There-was no extra pay involved. “He said he (Tex) cоuldn’t guarantee' any pay for it,” hut there was a possibility, in the spring, that “I could have a job in the barn if I would have went back to work at the ranch.” -It seems clear from the record that plaintiff preferred horseback riding to washing pots and pans, and it is a reasonаble inference that a barn job would- have been more to his liking. Plaintiff was not the only kitchen helper, however, so favored as to ■ wrangling. One Hamatree also assisted. “I (plaintiff) would wrangle one morning and he’d (Hamatree) wrangle the next, or I would -wrangle 2 and- he would wrangle 2.” To go out wrangling it-was necessary. that plaintiff be awakened about 4:30 in the morning, which was accomplished by Tuck or Tex. It also appears from the record that, of those regularly assigned the task of wrangling (Tex, Baron, and Tuck, and sometimes Glenn) one (Tеx) could not ride, because of a leg injury, and another (Baron) was favored in the wrangling because he had “to work on social activities at nights and he quite often stayed up for the dances and he wouldn’t get to bed until possibly 1 o’clock or so.” There thus seems tо be corroboration for the.statements made by Tex to plaintiff’s mother and sisters that plaintiff was wrangling because “they were short of help.’?
As to the necessity for wrangling on horseback, we find nothing more than the suggestion that it “could” be done on foot. If it ever was so done, no such incident -was" described in the record. The usual and customary method appears, to have been on horseback. That it was necessary to prepare the horses for -the breakfast ride is- not disputed, nor that the breakfast ride was onе of .the customary ranch privileges enjoyed by the paying guests. It cannot, then, be doubted that it was^to the benefit *278 of the defendant Jack & Jill Ranch that the horses be prepared for the breakfast ride and the ride itself successfully accomplished. That the plaintiff enjoyed the additional work he wás requested to do renders the task nonetheless a benefit to the employer. At the most it renders the act a benefit to both.
All of this, however, is legally immaterial, according to defendants’ theory, because of fatal defect in the agency rеlied upon. The hierarchy of command at the dude ranch seems to have been from the owner, Mr. Storms, to James Day, the manager and ranch director, to the department heads. Mr. Day’s duties were mánifold: “I have full charge of all personnel, operation of the ranch, disbursements, purchasing, operation of the entertainment, sports and program,” he testified. He was, himself, also the head of 2 departments, sports and social activities. Under him as manager, were the various departments and other department heads. Plaintiff’s activities as a washer of pots and pans came under the steward’s department, while his activities as a part-time wrangler came under the sports department. As to authority at the barn, there seems to be confusion in the minds of those most directly-concerned. The manager asserted that it was Tex who was in charge “when Baron wasn’t there.” But Tex himself asserted that, as between them, “We were neither each other’s boss.”
It is unnecessary, however, that we pinpoint the exact shade of authority sо far down the chain of command because of the situation at the top. As for the authority of Mr. Day, the general manager, it was comprehensive and not challenged in the record. He was to all intents and purposes the
alter ego
of the owner. Even without his unequivoсal testimony it would be clear that his powers were prima facie coextensive with the businéss entrusted
*279
to his care.
Grossman
v.
Langer,
The knowledge thus obtained was not followed by measures effective to put an end to the practice, if, indeed, it was not encouraged, in view of the shortage of help and the time of day involved. (The plaintiff testified that he was called at around 4:30 in the morning for this work.) Thus it is that we find a 16-year-old boy, hired for washing pots and pans, engaged in the activity which resultеd in his injury. The owner himself also knew that upon one occasion, described in the record, Tex had assigned plaintiff the job of “rear guide” for a trail ride — a job ordinarily performed by one of the barn hands. As to his approval or disapproval of such work assignmеnt, we do not have his testimony, since he did not return from Miami for the hearing, but the record before us is silent as to rebuke, reprimand, or admonition, and his consent thereto may fairly be presumed.
*280
The commission finding that “plaintiff’s participation in wrangling was with the knowledge and consent and possibly even at the direction of the employer” was thus amply supported by competent evidence and is accepted by this Court.
Shaw
v.
General Motors Corporation,
It remains to consider the matter of double compensation. The statute relating thereto provides as follows:
“Any minor under 18 years of age whose employment at the time of injury shall be shown to be illégal shall, in the absence of fraudulent use of permits or certificates of agе, in which case only single compensation shall be paid, receive compensation double that provided elsewhere in this act.” (CL 1948, § 411.7, as amended by PA 1949, No 284 [Stat Ann 1950 Rev § 17.147].)
It will be noted that the compensation act itself does not define illegal employment. Fоr that we turn to the Hittle juvenile employment act (PA 1947, No 157 [CL 1948, §409.1 et seq. (Stat Ann 1950 Rev §17.701 et seq.)~\), which regulates the employment of minors in this State. It is provided in section' 3 thereof (CL 1948, §409.3 [Stat Ann 1950 Rev § 17.703]) that a work permit must be ob *281 tained for the employment of any minor under the age of 18 years.
“No minor under 18 years of аge shall he employed, permitted or suffered to work in, about, or in connection with any gainful occupation, not excepted by this act, unless and until the person employing such minor shall procure from the minor and keep on file a work permit for each minor so employed.”
The act further defines “legal employment” in section 24 thereof (CL 1948, § 409.24 [Stat Ann 1950 Rev § 17.724]) in the following terms:
“Any minor engaged in an occupation specified in a work permit issued for the employment of such minor, therein in accordance with provisions of this act shall he considered to he legally employed: Provided, That the employer has on file such work permit and the same has not expired or been revoked.”
The defendants point to section 2 of the act, barring the employment of minors under 18 years of age “if such occupation is injurious to health or morals or is unduly hazardous,” referring us to
Van Sweden
v.
Van Sweden,
Affirmed, with costs to plaintiff.
Notes
September 12,1951.