Beyer v. Decker

Bond, C. J., delivered the opinion of the Court. The question to be decided in this case is one arising under the Workmen’s Compensation Act, Code, art. 101: whether an excepting clause in section 65, excluding from the operation of the act employees “engaged in rendering any agricultural service, or in service incidental to or in connection with agricultural pursuits and developments,” covers an employee who works on a dairy farm and delivers milk, as described in the evidence. There is no dispute on the scope and character of the employee’s duties. The State Industrial Accident Commission held that he was not such an employee as the clause excepted, but on appeal the circuit court held that on the undisputed facts he did come within the excepting clause, and directed a verdict accordingly, in favor of the contentions of the employer and insurer.

The employee appeals. The employer owned and operated farms in Cecil County, about two miles from Elkton, with an aggregate of about five hundred acres, carried on. a dairying business on the farms, and, besides, raised com, wheat, oats, and the like, in season. He kept about thirty cows, and some young stock. He had a milk route in Elkton on which he delivered four hundred and more bottles daily, and any surplus milk from the farm he had was delivered at Elkton to a wholesaler who transported it to Philadelphia.

Beyer, the claimant, was regularly employed in dairy work, and drove a horse and wagon delivering surplus milk at the stations, to the wholesaler. And he was struck by a Pennsylvania Railroad engine and injured, while delivering at the station of that railroad. His duties did not include any work on the farm crops. He regularly started in the morning milking the cows and seeing that the surplus milk was delivered to the stations, hauled out manure, threw down feed, took care of his horse and wagon, washed out bottles and cans, drove back and forth, and “did anything that had to be done around” in connection ²⁹¹ •with the dairy farming.

At times he would be put to other work to occupy his time. The claimant, on appeal, objects that the trial court could not properly, under the decisions of this court, direct a verdict as it did, contrary to the decision of the commission, inasmuch