Legal Opinion

Village of West Salem v. Industrial Commission

Wisconsin Supreme Court

Decided January 11, 1916PublishedCited by 33 opinions

Appeals from a judgment of the circuit court for Dane county; E. Ray Stevens, Circuit Judge. This is an action to set aside an award of the Industrial Commission requiring the plaintiff village to pay to Alice Voech $3,000 on account of the death of her husband, William Voeck, caused by an accidental injury while in the employ of the plaintiff village.

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Appeals from a judgment of the circuit court for Dane county; E. Ray Stevens, Circuit Judge. This is an action to set aside an award of the Industrial Commission requiring the plaintiff village to pay to Alice Voech $3,000 on account of the death of her husband, William Voeck, caused by an accidental injury while in the employ of the plaintiff village. The circuit court set aside the award of the Industrial Commission and remanded the cause to the Commission for further proceedings. Both parties appeal from this judgment of the circuit court. William Voeck was a resident of the village of…

1Opinion of the CourtSiebeckeb, J.

The inquiries are, Was the deceased,, Voeck, at the time in question, assisting the village marshal in the execution of his duties in suppressing a disturbance of the peace and aiding the marshal and the deputy sheriff, Weingarten, in arresting Jones for violating the law of the state? and Was he, if so engaged, employed as a policeman of the village within the provisions of the Workmen’s Compensation Act ?

The trial court correctly and clearly states the situation of affairs at the time Jones created the trouble at Justice Phillip’s home which caused the village marshal to call on Voeck to…

2Cases cited2 opinions

  1. State ex rel. Brown v. ApplebyWisconsin Supreme Court · 1909
  2. McCumber v. Waukesha CountyWisconsin Supreme Court · 1895

3Cited by33 opinions

  1. Hollowell v. North Carolina Department of Conservation & DevelopmentSupreme Court of North Carolina · 1934
  2. John H. Kaiser Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1923
  3. County of Monterey v. Industrial Accident CommissionCalifornia Supreme Court · 1926
  4. Johnson v. Wisconsin Lumber & Supply Co.Wisconsin Supreme Court · 1931
  5. Kagel v. BruggerWisconsin Supreme Court · 1963

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