Opinion
November 28, 1951.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Claimant, a carpenter, was injured while employed in the construction of a milk house upon the farm of the respondent Horeth, a farmer who sold his milk to the employer-appellant. There was a conflict of evidence as to whether claimant was an employee of the employer-appellant, of Horeth, or of the respondent Rose as an independent contractor, and ample evidence supports the board's finding of his employment by the employer-appellant, and in which relationship he was not a farm laborer. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.