Legal Opinion

City of Milwaukee v. Industrial Commission

Wisconsin Supreme Court

Decided March 2, 1915PublishedCited by 51 opinions

Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to test the validity of an award under the Workmen’s Compensation Act.

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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to test the validity of an award under the Workmen’s Compensation Act. The Industrial Commission found: “That on the 29th day of May, 1912, Julius Torney and the respondent city were both subject to the provisions of chapter 50, Laws of Wisconsin, 1911; that on said 29th day of May, 1912, and for a year and more prior thereto, the said Julius Torney had been in the employ of the respondent as principal of its Eifth Street public school; that his salary was $175 per month, and his annual earnings…

1Opinion of the CourtVinje, J.

In this case the court is asked to set aside three findings of fact made by the Industrial Commission and confirmed by the circuit court upon appeal. These findings are (1) that deceased at the time of the accident was performing a service growing out of and incidental to his employment; (2) that the injury received at the time of the accident proximately caused his death; and (3) that the city was not misled by a failure to give notice of the injury.

As a preliminary to a determination of each one of the questions raised it is proper to again call attention to the fact that, in the absence of…

2Cases cited4 opinions

  1. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  2. Milwaukee Western Fuel Co. v. Industrial CommissionWisconsin Supreme Court · 1915
  3. International Harvester Co. v. Industrial CommissionWisconsin Supreme Court · 1914
  4. Oldenberg v. Industrial CommissionWisconsin Supreme Court · 1915

3Cited by51 opinions

  1. Phil Hollenbach Co. v. HollenbachCourt of Appeals of Kentucky · 1918
  2. Flint v. City of EldonSupreme Court of Iowa · 1921
  3. Madore v. New Departure Manufacturing Co.Supreme Court of Connecticut · 1926
  4. Nicholson v. Roundup Coal Mining Co.Montana Supreme Court · 1927
  5. Booth Fisheries Co. v. Industrial Comm'n of Wis.Supreme Court of the United States · 1926

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