285 N.W. 529 | Minn. | 1939
1-2. The workmen's compensation act covers workmen while engaged in, on, or about the premises where their services are being performed, or where their service requires their presence as part of such service as such workmen. 1 Mason Minn. St. 1927, § 4326(j). Acts of the employe necessary for his comfort and convenience, though strictly personal to himself, are incidental to the service, and injuries sustained while performing them are compensable. Kaletha v. Hall Merc. Co.
3. The employe not only did not participate in, but tried to avoid, the horseplay of the other employe, Ries. That they were not employed by the same employer is not controlling. The employer is liable to the employe for compensation if the employment exposed him in special degree to the risk of the injury. 6 Dunnell, Minn. Dig. (2 ed.) § 10403, note 99; Mahowald v. Thompson-Starrett Co.
In State ex rel. Great Northern Exp. Co. v. District Court,
"Whatever men and boys will do, when gathered together in such surroundings, at all events if it is something reasonably to be expected, was one of the perils of his service. * * * The risks of such associations and conditions were risks of the employment."
The decision of the industrial commission is affirmed and the writ quashed. Respondent is allowed $100 attorneys' fees in this court.
Affirmed and writ quashed.
MR. JUSTICE HILTON, incapacitated by illness, took no part. *235