Legal Opinion

United States Casualty Co. v. Superior Hardware Co.

Wisconsin Supreme Court

Decided October 18, 1921PublishedCited by 17 opinions

Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. One Louis Stern, a city salesman of the Eimon Mercantile Company of Superior, Wisconsin, was injured by an automobile truck. Upon due proceedings had before the industrial commission the amount of compensation and medical expenses under the workmen’s compensation act was determined to be $3,144.92. Such sum was paid on behalf of the employer by this plaintiff, its insurer.

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Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. One Louis Stern, a city salesman of the Eimon Mercantile Company of Superior, Wisconsin, was injured by an automobile truck. Upon due proceedings had before the industrial commission the amount of compensation and medical expenses under the workmen’s compensation act was determined to be $3,144.92. Such sum was paid on behalf of the employer by this plaintiff, its insurer. Suit was thereupon brought by the plaintiff as succeeding to all the rights of the injured person against the defendant on account of…

1Opinion of the CourtEschweiler, J.

Mr. Stern’s duty did not require him to go first to his employer’s place of business before starting out to make the rounds of his customers in the city, and he had no other present objective in view while crossing Broadway and Ogden avenue at the time of the accident than the visit to his prospective first customer, whose place of business was on Broadway about a half a block west of the place of accident.

To entitle him to compensation from his employer under the provisions of sub. (2), sec. 2394 — 3, it must be shown that at the time of the accident “the employee is performing service…

2Cases cited9 opinions

  1. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  2. Kunze v. Detroit Shade Tree Co.Michigan Supreme Court · 1916
  3. In re HarradenIndiana Court of Appeals · 1917
  4. Grand Rapids Lumber Co. v. BlairMichigan Supreme Court · 1916
  5. Schroeder & Daly Co. v. Industrial CommissionWisconsin Supreme Court · 1919

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3Cited by17 opinions

  1. Harivel v. Hall-Thompson Co.Supreme Court of Connecticut · 1923
  2. American Motors Corp. v. Industrial CommissionWisconsin Supreme Court · 1957
  3. Schmiedeke v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1927
  4. Sauerwein v. Department of Industry & Human RelationsWisconsin Supreme Court · 1978
  5. Strong v. Prince George's CountyCourt of Special Appeals of Maryland · 1988

12 more not listed; retrieve them via the Exa API.

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