Opinion
March 20, 1952.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
On June 13, 1949, the decedent and his widow were employed by Leon Cooper, the husband as a general houseman and the wife as a cook. The board found that the husband was directed, as part of his duties, to use the boats and fishing tackle furnished by the employer and to fish in his employer's private pond located upon the employer's premises for the purpose of catching fish to be used for the meals of the employer's family and friends. Both husband and wife were on duty twenty-four hours a day and were subject to call at all times. The board also found that on June 21, 1949, while decedent was engaged in the regular course of his employment and while working for his employer and while he was fishing in the employer's private pond, the canoe overturned as a result of which he was drowned. The board also found that at that time the decedent was fishing on behalf of and pursuant to the orders and instructions of his employer in order to catch fish for the employer's family and that the work he was doing was incidental to his employment and that the accidental injuries which caused his death arose out of and in the course of his employment. The evidence sustains the findings of the board. Award unanimously affirmed, with costs to the Workmen's Compensation Board.