Wisconsin Mutual Liability Co. v. Industrial Commission

The action was brought by an employer and its insurer to vacate an award made to the widow of an employee by the Industrial Commission under the workmen’s compensation act. The employee, Gervase Hannon, was in the emplo'y of a circus organization. The circus was about to move from Manitowoc. Its equipment was dismantled and loaded on wagons. Tractors were pulling the wagons to the railroad for loading on flat cars. A tractor ran over Hannon and killed him.

Two claims are made by appellants: (1) Hannon was not performing any service at the time of the accident. (2) A settlement entered into…