Schroeder & Daly Co. v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The applicant, Paul Toil, a salesman in the employ of the Schroeder & Daly Company, was required by his duties to go from place to place in the city of Milwaukee selling produce to grocerymen. On January 31, 1918, while so engaged and while traveling from one place to-another and while on the public street, he slipped and injured his right leg.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The applicant, Paul Toil, a salesman in the employ of the Schroeder & Daly Company, was required by his duties to go from place to place in the city of Milwaukee selling produce to grocerymen. On January 31, 1918, while so engaged and while traveling from one place to-another and while on the public street, he slipped and injured his right leg. Upon application to the Industrial Commission he was awarded compensation. This action was brought in the circuit court for Dane county to review the award made…
1Opinion of the CourtRosenberry, J.
The only question presented here is whether or not Toil at the time of the injury was performing *568services growing out of and incidental to his employment (sub. (2), sec. 2394 — 3, Stats.). It is the contention of plaintiffs that the injury sustained by the applicant is one which did not grow out of his employment, but was the result of an ordinary street risk. This contention is based upon the proposition laid down in McNicol’s Case, 215 Mass. 497, 102 N. E. 697, that the causative danger must be peculiar to the work and not common to the neighborhood, and upon Hoenig v. Industrial Comm. 159…
2Cases cited7 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Kunze v. Detroit Shade Tree Co.Michigan Supreme Court · 1916
- Hoenig v. Industrial CommissionWisconsin Supreme Court · 1915
- In re HarradenIndiana Court of Appeals · 1917
- Foley v. Home Rubber Co.Supreme Court of New Jersey · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- John H. Kaiser Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1923
- Cook's CaseMassachusetts Supreme Judicial Court · 1923
- Southern Casualty Co. v. EhlersCourt of Appeals of Texas · 1929
- American Motors Corp. v. Industrial CommissionWisconsin Supreme Court · 1957
- Hartford Accident & Indemnity Co. v. HoageCourt of Appeals for the D.C. Circuit · 1936
19 more not listed; retrieve them via the Exa API.