Legal Opinion

Village of Kiel v. Industrial Commission of Wisconsin

Wisconsin Supreme Court

Decided May 23, 1916PublishedCited by 13 opinions

Aeeeal from a judgment of tbe circuit court for Dane county: E. Rat Stevens, Circuit Judge. Action to set aside an award of tbe Industrial Commission. Mary Hanske is tbe widow of Edmond Hanske, deceased. He was fatally injured while performing duties of night marshal of plaintiff.

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Aeeeal from a judgment of tbe circuit court for Dane county: E. Rat Stevens, Circuit Judge. Action to set aside an award of tbe Industrial Commission. Mary Hanske is tbe widow of Edmond Hanske, deceased. He was fatally injured while performing duties of night marshal of plaintiff. That occurred August 23, 1914, by reason of deceased attempting to prevent one, Lettenberger, from violating the speed laws of the state in plaintiff’s streets, and to arrest him for such violation. The marshal and policemen were empowered by ordinance, among other things, to preserve the peace and good order in the…

1Opinion of the CourtMaRshall, J.

Counsel for appellant concede, as tbe fact is, that if the deceased was a policeman, within the meaning of the Workmen’s Compensation Law, and appellant is liable if he 'was injured, while engaged, as such, in endeavoring to enforce a state law from which the village derived no special benefit in its corporate capacity, the judgment is right and should be affirmed. Therefore, counsel at the outset in their brief, say the only question it is desired to raise is whether a village marshal is a .policeman within the meaning of such law,' suggesting that such question really covers the two matters.

2Cases cited4 opinions

  1. Wisconsin Zinc Co. v. Fidelity & Deposit Co. of MarylandWisconsin Supreme Court · 1916
  2. Village of West Salem v. Industrial CommissionWisconsin Supreme Court · 1916
  3. Sadowski v. Thomas Furnace Co.Wisconsin Supreme Court · 1914
  4. State ex rel. Brown v. ApplebyWisconsin Supreme Court · 1909

3Cited by13 opinions

  1. Holland-St. Louis Sugar Co. v. ShralukaIndiana Court of Appeals · 1917
  2. Holt Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1919
  3. Baumann v. City of West AllisWisconsin Supreme Court · 1925
  4. Barber v. . MingesSupreme Court of North Carolina · 1943
  5. State v. LIRCWisconsin Supreme Court · 1987

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