*1 1008 .vehicle, accident, unmanageable may for a cause an be unsafe almost cer linib. endanger tain stances, purpose will life it- ‘In circum that will 'do so. which such 514, Spitler, presence danger, 120 199 S.E. W.Va. of a known v. Jenkins 368; Vaughn Co., Millington use, 160 upon vigil attendаnt a known v. Motor makes Ray, 197, 226; duty.’ Opple ance a Tenn. S.W.2d MacPherson Motor 22 v. Buick v. a Co., supra 382, 1050, 81. An owner 450, 195 N.E. 208 Ind. motor vehicle who N.Y. 111 N.E. [217 will page 1053, it another L.R.A.1916F, 696, loans to at page at injuries 699, re person Ann.Cas.1916C, for liable to a third be 440].” incompetencе known sulting from negligent The defendant was in di loaned, safe to person it was to whom recting, Mabry permitting, to use Duncan, Ark. 194 (Chaney it v. operate
ly purpose defective for a for which truck 1078, 836), 21; 1076, 42 § 110 S.W.2d C.J. it was known dangerous; to and defend be defec dangerous аnd known or from negligence regard ant’s in this was Shrigley v. the vehicle. condition tive proximate cause of the accident and the 541; 386, S.W.2d 72 Pierson, Ark. 189 qne plaintiff’s injuries. The accident was 132, Moonier, Cir., 94 F.2d 8 Hudson v. might which reasonably been antici have Bruner, 8 135; Egan Co. v. Chevrolet pated. 987; 373, Don A.L.R. 122 supra, 102 judgment is affirmed. 24, Garvas, N.Y.S. Misc. 200 ovan v. Gas Depositors’ Oil & v. Tannahill 911, 909, 254, 912. P. Co., Kan. W.Va., supra, 199 Spitler, v. In Jenkins 371, “Gen- said: 368, the court page at S.E. * * *, bailor gratuitous erally, a ren- automobile in an defect knowing aof for in- use, liable it unfit dering without who are persons, third juries to JONES, Revenue, Internal Collector of resulting themselves, proximately fault GAYLORD GUERNSEY FARMS. defect.” No. 2459. Millington Motor Vaughn v. In 226, page at supra, 22 S.W.2d Appeals, Tenn.Sup., Court Tenth Circuit. little, any, if “It would 227, was it said: 30, June 1942. operate an to conduct criminal short оf proper without auto-truck automobile Hence movements. control its to devices knows bailor if the that the rule defects diligence could know reasonable them, an ob- control intended devices the ma- to let not upon him ligation rеsts defect, or correcting without chine contract- the bailee notifying without be- safe the machine to make him ing public. using fore .it supra, Ray, Sup., Opple v. Ind. In N. 83, 81, page the court said: a at “Where E. dangerous bailor intrusts [gratuitous] bailee, without to a lights] article [car it will be used a man knowing ner as such endanger persons property, negligence chargeable with an he damages any which, injury swerable by prudence, ordinary the exercise of have foreseen.” could Egan Bruner, supra, In Chevrolet v.Co. 373, 376, page at it was 102F.2d said this permits who “One a truck with a Court: dangerously defective steering mechanism upon public highways, to be used anticipate only has reason to that it will *2 Asst, Wattles, Sp. Warren Atty. Gen. Clark, (Samuel Jr., Atty. Gen., O. Asst. Monarch, Louis Prescott, A. F. J. Arthur L. Sp. Jacobs, Gen., Atty. Assts. to Dierker, Atty., Charles E. U. S. George McElroy, Atty., Asst. U. S. both of City, Old., brief), Oklahoma ap-
pellant. Green, of City, Geo. M. Oklahoma Okl. Rainey, (Robt. Flynn, M. Streeter B. H. M. Peck, Anderson, Frank G. all of Okla- Okl., City, homa brief), pellee. tending work telephones operation of the farm. worked nection with nected when All their well men's devoted lected therefor. building live and delivered drove keeper, more conditioning also were coolers, provisions of the Social blooded farm. The truck done buttermilk years 1936, mately eight hundred farm, proximately 300 duced on the in Nothing products and in U.S.C.A. retail, tion MURRAH, whether the services taxpayer, exhibited at The milk was seventy-five employees Oklahoma. City, farm. Guernsey 'Before The coolers and bottlers The H-UXMAN, question records question, on the grocery as did they of that nature. marketed or sold. the loaded trucks not otherwise carpenters, on the farm. The work consisted of with the farm. Her work in con- administrative question Part of it doing in the and a and four more part of livestock for was work, owned were ordinary § were registration came and Farms, BRATTON, owned farm. of 301 concerning milk 1937, dairy different Circuit repairing consist or stores, processed save were delivered repair work farm, and no other taxpayer’s stenograрher. the farm the the milk cottage cheese. E. except when at a sold to cooled et presented in this her accounts early exempt a herd of was drivers did not gallons of During 1938 show cattle cows, The Their seq. E. two K. and consisting jobs around Judges. taxpayer time work hot con- both engaged. The show- of two bottlers fairs. acres, performed sale. This processed into The truck Gaylord during the sheds and in Judge. and carpenters did not to showmen, a book- which duties consisted individuals, hotels produсts operated Gaylord office from Security Act. the HUXMAN, pertaining to the consisted cattle, at During generally. They the bookkeeper K. 1939, near preparing and drivers, bottled The what was wholesale and milk in years lived on two hundred morning stenographer city produced orders, Gaylord, the in of also AH of these the by live answering by certain were Oklahoma stock was fences, as town and fair, appeal and col- the per products and sold approxi- exhibit. general trucks. two or in cream, to the on the raised ques- farm kept such time pro- day. was and and and n the the at- 42 ministration vices braces lative the marketing of weight, ing, cluded and ranges, which were labor,’ however, the farm om which the materials in their unless States provide thаt: on as an incident operations within the United States facturing sense, 620. The two sections connection with the cultivation feeding, management the service, the fruit, mulgated Such “agricultural- that these term Security Act, and Section raw operation [sеctions “As “(b) By “(b) “(1) Agricultural “(a) By “Forestry “Art. The “Section 811. It an his packing, packaging, poultry; F.2d processing harvesting transportation or [*] services do performed— ‘agricultural and truck intent, employee v. Stanolind within the used herein act such employer, except— The and orchards. and unless natural state were 206(1). or claimed, of A 1001 to 1010 of this under Title farm in the an itself as includes an 907(c) (1) term regulation promulgated by of an whatever [*] processing, packing, packag- commercial or produced labor.” ought to be defined employee those materials body charged with the ad distinguished Nicholas employee, of farm, of the unless not constitute act exception.” Agricultural did When used ‘employment’ lumbering articles labor’ act Crude Oil crops, contrary [*] the labor stock, dairy, poultry, to 16. The 1939 the term marketing plantations, Regulation is entitled owner they of-the ordinarily accepted nature, performed on a IX Section in connection of live exempted ordinary farming arе transportation, term ‘farm’ v. Richlow operations. includes upheld. . by define the or from court so * * of produced, jfc *3 identical, from are not Act, an or tenant of Co., ‘agricultural in this the farm; labor. —The or articles. as of stock, bees, means 811(b) (1) thе chapter]— performed materials farm, employee from the to ranches, 90, pro- follows: the 49 Stat. all 10 amend- raising, carried United [*] manu- Social legis great Mfg. held, term Cir., soil, also title em- ser- and and any in- an or in We Security undertaking defined conсlude is not Act that his ment to the Social substantially enterprise meaning the a commercial within “agricultural labor” regulation. Regulation 90 same did terms as em- Department. Whether Treasury Repairing buildings fences and is a ployees question are exсluded necessary farming opera incident to actual from an act, therefore, determined is to be fences, tions. Without cattle cannot be interpretation Regulation 90. raised, and granaries without barns which will grain, hold the would be there faс two regulation establishes object planting no harvesting it. Be scope of necessary determining the tors sold, products fore the milk and milk can be ren services the exclusion—the nature *4 properly the milk must be handled. This dominant by employee, and the dered purpose an requires placed in that it cooled and be enterprise which the in of the containers. This work was the done is employer employee An engaged. is coolers and the bottlers. work is an Their in a farm he does work on excluded if step dairying. essential in So is also the soil of the the cultivation connection with delivery sale and of the milk. The fact raising, the harvesting crops, or or the of one sells that his milk to the ultimate con bees, livestock, feeding managеment of or sumer over a route rather than in bulk employed in poultry. employee is If an or change dairy operation does not the as farm, produced on a processing materials Regulation defined in 90 into commercial a exеmpt is done the if the work is operation. Preparing thoroughbred cattle farm, of the farm for tenant or owner the for sale is an essential incident to rais the operation an incident the and if ing, feeding management and of livestock opеrations, as distin ordinary farming employed and those a farm in who are manufacturing guished or commercial such work are excluded from the act. The operations. fact that the work here done the show “agricultural la What constitutes thoroughbrеd men was on show cattle does the act is not meaning of bor” within the change employment. not the nature of the easy question is one The of definition. performed While the showmen some work impression. The decisions largely first fairs, away from farm аt such work is the clearly charted a defined course have not by directly proximately and with connected may question determined. be which such marketing the of farm livestock so as to said, however, may that the generally be It bring within it the second seсtion of the “agriculture” meaning and term has a wide regulation. interpreted, restrictively but should be not A somewhat situation is different given.a enough meaning to be broad should presented bookkeeper as to the and the agriculture is under as the term еmbrace every stenographer. operation Not or calling is followed. stood wherever the agricultural a service in about farm or Turpentine United States Turner v. ordinarily accepted within labor the mean Kleck, Way land v. term, ing and as it is usеd and the Ariz., Duys In H. & Co. P.2d 207. Every regulation. understood in the 23, 27, Tone, 300, 5 a 125 Conn. A.2d veterinary. may farmer has need of a It especially analyzed and number of cases were great desirable, highly essential or considered, the de and from them court days during increasing gоvernment these employee being farmer fined an of a as regulations, employ farmer to a book “doing which is one work a farmer accountants, keepers, experts, tax income ordinarily farming that incidental to as attorneys. regulation implies or even The generally understood.” operation is The term “farm” as used that the braces the farm in the therein em a farm laborer further as court defines ordinarily accepted upon raising in labors a farm “one who ordinarily vetеrinary, sense. We think of a doing general farm In crops work.” bookkeeper, accountant, secretary, an or a a end, must in each the answer case be who, special through training, one has as process by a arrived at exclusiоn or trade, calling, pro in a skilled become inclusion. performed by Work fession. them for a Gaylord’s status as a farmer does not constitute farm is farmer labor nor challenged. It is contended that them farm laborers as he is we under make enterprise terms, they in commercial those as are engaged and stand used in farming. operation regulation promulgated as to the facts the act and pursuant already have been set thereto. of the farm forth. bottlers conclusion It is our truckmеn, coolers, carpenters, pro- exempt from cattle showmen bookkeeper act, that the visions of pro- its subject to stenographer are visions. remanded, directions Reversed views conformity with the proceed in exprеssed herein.
BRATTON, Judge (dissenting
part). all of the my view that It is term outside fall question here in “agricultural meaning labor,” within pro- regulation statute judgment it, that the under
mulgated *5 the cause reversed therefore should dismiss the remanded, with directions in toto.
action BRADY, Warden.
EYER 4960.
No. Appeals, Fourth Circuit. Court
Circuit 27, 1942.
June Duckett, Jr., George Bowie O. Doub, Baltimore, Md., both of
Cochran (cid:127) appellant. Atty. Gen., Walsh, William C. Maryland, Clapp, State of and Robert E. Atty. Jr., Mary- the State of Asst. Gen. of Wells, Atty., Bernard State’s (Jr land Rome, Atty., both Morton E. Asst. State’s Baltimore, brief), Md., on the pellee. DOBIE, PARKER, SOPER, and Before Judges. . PER.CURIAM. petitioner applied to the District corpus writ for a directed Court of habeas Maryland the Warden of the Peniten- confined under a tiary he was sen- where