Beyer v. Decker, 37.

CourtCourt of Appeals of Maryland
Citation150 A. 804
Docket NumberNo. 37.,37.
PartiesBEYER v. DECKER et al.
Decision Date11 June 1930
150 A. 804

DECKER et al.

No. 37.

Court of Appeals of Maryland.

June 11, 1930.

150 A. 805

Appeal from Circuit Court, Cecil County; Lewin W. Wickes and Thomas J. Keating, Judges.

Proceeding under the Workmen's Compensation Act by Emil Albert Beyer, claimant, opposed by Joseph Ben Decker, employer, and the Zurich General Accident & Liability Insurance Company, insurance carrier. The Industrial Accident Commission held that claimant Was within the statute, but such holding was reversed on appeal to the circuit court, and claimant appeals.



Joseph T. England, of Baltimore, and Edward D. E. Rollins, of Elkton (Julius F. Sandrock, of Baltimore, and E. Kirk Brown, of Elkton, on the brief), for appellant.

W. Pepper Constable, of Baltimore (Harold Tschudi and Charles Carroll, Jr., both of Baltimore, on the brief), for appellees.


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 and in connection with agricultural pursuits or 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 500 acres, carried on a dairying business on the farms, and, besides, raised corn, wheat, oats, and the like, in season. He kept about 30 cows, and some young stock. He had a milk route in Elkton on which he delivered 400 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...

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29 cases
  • Whitehead v. Safway Steel Products, Inc., 82
    • United States
    • Court of Appeals of Maryland
    • September 1, 1984
    ...(as a matter of law, on admitted evidence, worker was an independent contractor and not an employee); Beyer v. Decker, 159 Md. 289, 291, 150 A. 804, 805 (1930) (as matter of law, on undisputed facts, employee not within coverage of Workmen's Compensation Act). Accord, Baltimore Trans. Co. v......
  • Simmons v. Comfort Suites, 241, September Term, 2008.
    • United States
    • Court of Special Appeals of Maryland
    • March 31, 2009
    ...of fact and not of law." Board of Educ. v. Spradlin, 161 Md.App. 155, 173, 867 A.2d 370 (2005). Accord Beyer v. Decker, 159 Md. 289, 291, 150 A. 804 (1930) (presumption of correctness does not apply where the question "is one of statutory construction, and one of law for the court"); Symons......
  • Calvo v. Montgomery Cnty., 48, Sept. Term, 2017
    • United States
    • Court of Special Appeals of Maryland
    • May 21, 2018
    ...not extend to questions of law." Wal Mart Stores, Inc. v. Holmes , 416 Md. 346, 357, 7 A.3d 13 (2010) ; Beyer v. Decker , 159 Md. 289, 291, 150 A. 804 (1930). Although the Commission is entitled to deference in its interpretation of the statute it administers, we may still consider whether ......
  • Wal Mart Stores Inc. v. Holmes, 141, Sept. Term, 2009.
    • United States
    • Court of Appeals of Maryland
    • October 25, 2010
    ...are presumptively correct. This presumption, however, does not extend to questions of law. See Beyer v. Decker, 159 Md. 289, 291, 150 A. 804, 805 (1930) (stating "when the facts are undisputed, as here, the only remaining question, that of the effect of the act on such a state of facts, is ......
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