245 N.W. 138 | Minn. | 1932
Compensation was denied solely because it was found that on and prior to June 30, 1931, the day of the accident, "the Fairmont Creamery, the above named employer, was conducting and operating a farm and had not elected to be bound by the Minnesota workmen's compensation act, and part 2 thereof [G. S. 1923 (1 Mason, 1927) § 4268] and that the injury to said employe resulting in his death occurred while engaged as a farm laborer for said employer." Hence it is incumbent on relator, if she is to prevail, to show that this finding is not sustained by the evidence. *261
There is no dispute concerning the facts. The Fairmont Creamery, the employer, is a corporation with headquarters at Omaha, Nebraska. It also operates a creamery at Moorhead, this state. About a mile south of Moorhead it owns and runs a 220-acre farm. The manager called it a demonstration farm. From 1,000 to 2,000 turkeys a year are raised thereon. During the summer there are kept as many as 2,700 hogs. A herd of approximately 125 cattle is kept, of which about 60 are milch cows. The surplus animals as they become fit for market are disposed of. Some 14 to 16 horses are kept at the farm. Some of these are used upon the ten milk routes operated by the creamery. The farm does not produce enough feed for all these animals. As much as 5,000 or 6,000 gallons of buttermilk is hauled from the creamery daily and fed to the hogs and turkeys. Hay and feed are bought. What is bought for the farm and the wages of the laborers are paid by the creamery, and all income from the farm goes to it. No separate account of the farming business is kept.
The deceased workman came to the farm on June 30, 1931, seeking work. He was at once employed at $1.50 per day and lunch and set to work on the haymow in the barn. In the afternoon he was found unconscious on the floor, having fallen down from the mow, and so injured himself that death came within two days thereafter.
A person or corporation may be engaged in two or more businesses or occupations. Benoy v. Torkelson,
Upon the facts hereinbefore stated, we cannot hold that there is no basis for the finding that the creamery was conducting a farm, that Hebranson was employed by the creamery as a laborer on that farm, and that the injury resulting in his death occurred while so engaged as a farm laborer. There is no room for differentiating the instant case from Greischar v. St. Mary's College,
In determining whether a workman is a farm laborer, and hence not within the workmen's compensation act, the nature of the employment is the test rather than the particular item of work he is doing when injured. Austin v. Leonard, Crossett Riley, Inc.
We deem the finding attacked sufficiently supported by the record.
The decision is affirmed.