Foster-Latimer Lumber Co. v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNS, Circuit Judge. Workmen’s compensation. Pat Duane bad been employed by tbe Foster-Latimer Lumber Company as a planing-mill fireman for many years. Tbe planing mill was situated about one-balf mile east of Méllen, Duane living about a quarter of a mile west of Mellen. A switch track ox tbe Soo Railway runs from Mellen to tbe north side of tbe planing mill, at which place there is a loading platform.
Read the full summary
Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNS, Circuit Judge. Workmen’s compensation. Pat Duane bad been employed by tbe Foster-Latimer Lumber Company as a planing-mill fireman for many years. Tbe planing mill was situated about one-balf mile east of Méllen, Duane living about a quarter of a mile west of Mellen. A switch track ox tbe Soo Railway runs from Mellen to tbe north side of tbe planing mill, at which place there is a loading platform. On leaving bis work Duane ordinarily walked tbe length of tbe platform westerly, descended tbe steps at tbe end of tbe…
1Opinion of the CourtRoseNbebby, J.
Two points are raised on the appeal: (1) That the circuit court had no jurisdiction to review the award of the Commission, and (2) that the evidence supports the finding that at the time of the accident Duane was performing service growing out of and incidental to his employment.
1. The findings and award were made and entered on April 30, 1917, and on May 7, 1917, the Commissionhav-ing its attention directed to the fact that the award should have been for five per cent, less on account of the age of the applicant, amended the findings and award accordingly. An action was begun to review the…
2Cited by3 opinions
- Radtke Bros. & Korsch Co. v. RutzinskiWisconsin Supreme Court · 1921
- Utah Apex Mining Co. v. Industrial CommissionUtah Supreme Court · 1926
- Cmelak v. Industrial CommissionWisconsin Supreme Court · 1965