Behr

This is a petition to review an award of damages which .was rendered on account of in juries which were sustained by the respondent Nancy C. Benning in the course of her employment in preparing fruit for a process of curing.

The petitioner owns a 95-aere fruit ranch in Lake County. In the month of June, 1930, she employed the claimant to assist her in cutting apricots for the purpose of drying them. She was paid for this service at the rate of thirty cents a box. There was no agreement to cut a specified amount of fruit. The cutting of fruit was performed in a shed which was situated on the petitioner’s premises, 250 yards distant from her dwelling-house. A well-defined pathway leads from the house to the shed.

There is a conflict of evidence, but the following statement of facts is adequately supported by the record. The claimant resided in Sonoma. She was temporarily visiting with her sister who lived on the property adjoining the petitioner’s farm. These three ladies were engaged in cutting apricots at the petitioner’s shed prior to the occurrence of the accident which is involved in this proceeding. The cutting of fruit was done under the direct supervision of the…