Opinion
March 13, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Appeal from a decision of the Workmen's Compensation Board. Claimant was employed as a bartender and waitress in a hotel in a small community. The employer also maintained a farm at which he kept a few horses. There is proof that these horses were used sometimes by the hotel guests; that claimant, who herself liked to ride the horses kept at the farm, also assisted the employer in caring for them. She was injured while taking care of one of the employer's horses. The appeal here is only by the carrier which has abandoned that part of the appeal based on noncoverage of the work; and now argues that caring for horses was not part of her employment. The employer himself, in the proof before the board and on appeal here, concedes that the injury was in the course of employment. Decision and award unanimously affirmed, with costs to the employer and the Workmen's Compensation Board.