Legal Opinion

Jordan v. Weinman

Wisconsin Supreme Court

Decided May 21, 1918PublishedCited by 11 opinions

Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment confirming an award of the Industrial Commission.

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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment confirming an award of the Industrial Commission. It appears that the Commission made an award in favor of the .defendant Weinman September 24, 1917, and an action was commenced by Jordan to review tbe same October 5, 1917; that the Commission of its own motion set aside this award October 9, 1917, without notice to appellants, on the ground of mistake, and held a further hearing at which all parties were present on October 26th, and on October 29th made new findings of…

1Opinion of the Court

WiNsnow, 0. I.

The claimant was called in at irregular intervals when extra help was needed or wben a regular employee was absent, and worked at the regular business carried on by J or dan at the shop. Within the logic of the cases of Holmen C. Asso. v. Industrial Comm., ante, p. 470, 167 N. W. 808, and F. C. Gross & Bros. Co. v. Industrial Comm. post, p. 612, 167 N. W. 809, it must be held that this employment was not casual.

A question as to the power of the Commission to make the second award is raised, and it is claimed that it had no such power because (1) there was no mistake within the…

2Cases cited2 opinions

  1. Holmen Creamery Ass'n v. Industrial CommissionWisconsin Supreme Court · 1918
  2. F. C. Gross & Bros. v. Industrial CommissionWisconsin Supreme Court · 1918

3Cited by11 opinions

  1. Holmen Creamery Ass'n v. Industrial CommissionWisconsin Supreme Court · 1918
  2. Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
  3. McFall v. Barton-Mansfield Co.Supreme Court of Missouri · 1933
  4. Johnson v. Wisconsin Lumber & Supply Co.Wisconsin Supreme Court · 1931
  5. State Ex Rel. Bettman v. ChristenOhio Supreme Court · 1934

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