117 N.E. 507 (Ind.App. 1917), 10,076, In re Boyer

Docket Nº:10,076
Citation:117 N.E. 507, 65 Ind.App. 408
Opinion Judge:HOTTEL, C. J.
Party Name:IN RE BOYER
Case Date:October 25, 1917
Court:Court of Appeals of Indiana
 
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Page 507

117 N.E. 507 (Ind.App. 1917)

65 Ind.App. 408

IN RE BOYER

No. 10,076

Court of Appeals of Indiana

October 25, 1917

From the Industrial Board of Indiana.

Certified questions of law.

Proceedings under the Workmen's Compensation Act in the matter of one Boyer. Certified questions of law by the Industrial Board.

Questions answered.

OPINION

[65 Ind.App. 409] HOTTEL, C. J.

The Industrial Board of Indiana has certified to this court, under § 61 of the Workmen's Compensation Act (Acts 1915, ch. 106, p. 392) the following statement of facts, and questions of law based thereon:

"On the 16th day of July, 1917, and for many years prior thereto, Edward A. Lane was the owner of a wheat and oats threshing equipment, consisting of a traction engine, a separator and a straw blower, which he operated upon the custom basis in threshing wheat and oats for farmers in the eastern part of Boone, and the western part of Hamilton counties, in the State of Indiana; that said threshing outfit was moved from farm to farm by said Lane, and the wheat and oats of the farmers threshed at so many cents per bushel; that in the operation of said threshing equipment the said Lane had William Boyer in his employment, for a number of years as one of the separator hands, at an average weekly wage of $ 18.00; that on the 16th day of July, 1917, the said Lane was threshing

Page 508

wheat, with said equipment, for a Hamilton county farmer, and at said time William Boyer was working under his employment [65 Ind.App. 410] as one of the separator hands; that on said date, while engaged in the discharge of the duties of his employment, the right hand of William Buyer was caught in the cylinder and his arm drawn into the machine and his arm crushed off above the elbow joint. Boyer claims compensation for two hundred weeks at the rate of $ 9.90 a week, on account of the loss of his arm. Lane admits that he is entitled to compensation at said rate and for said period, if the Indiana Workmen's Compensation Act applies."

Upon the foregoing facts, the Industrial Board certifies for our determination the following questions of law: "1. Is William Boyer, upon the foregoing facts, entitled to an award of two hundred weeks' compensation at the rate of $ 9.90 per week, against Edward A. Lane? 2. Upon the foregoing facts was William Boyer a farm laborer, within the meaning of...

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