Kress Packing Co. v. Kottwitz

The only issue on this appeal is whether Kottwitz was an employee of Kress at the time of the accident for workmen’s compensation purposes. Whether Kottwitz was an employee is a question of law to be determined by the application of well-defined rules to the facts. Ace Refrigeration & Heating Co. v. Industrial Comm. (1966), 32 Wis. 2d 311, 315, 145 N. W. 2d 777. This view was expounded in Duvick v. Industrial Comm. (1963), 22 Wis. 2d 155, 162, 125 N. W. 2d 356; Harry Crow & Son, Inc. v. Industrial Comm. (1963), 18 Wis. 2d 436, 440, 118 N. W. 2d 841; and Gant v. Industrial Comm. (1953), 263…