Holmen Creamery Ass'n v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to vacate an award of the Industrial Commission allowing compensation to the defendant Wallum for injuries sustained by him while in the employ of plaintiff Holmen Creamery Association. There is no dispute in the facts.
Read the full summary
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to vacate an award of the Industrial Commission allowing compensation to the defendant Wallum for injuries sustained by him while in the employ of plaintiff Holmen Creamery Association. There is no dispute in the facts. Wallum was hired by the manager of the Creamery Association to make some repairs on the creamery consisting of mason work and plastering inside and outside of the building. He started to work about 10 o’clock in the forenoon of November 26, 1916, and was injured'about 3 o’clock…
1Opinion of the CourtVinje, J.
The question raised by the appeal is, Was Wallum at the time of his injury an employee of the Holmen Creamery Association within the meaning of the Workmen’s Compensation Act? Sec. 2394 — 7 of that act provides that
“The term 'employee’ as used in sections 2394 — 1 to 2394 — 31, inclusive, shall be construed to mean: . . .
“(2) Every person in the service of another under any contract of hire, express or implied, oral or written, . . . but not including any person whose employment is but casual or is not in the usual course of the trade, business, profession or occupation of his employer.”…
2Cases cited5 opinions
- Uphoff v. Industrial BoardIllinois Supreme Court · 1915
- Gaynor's CaseMassachusetts Supreme Judicial Court · 1914
- Thompson v. TwissSupreme Court of Connecticut · 1916
- F. C. Gross & Bros. v. Industrial CommissionWisconsin Supreme Court · 1918
- Jordan v. WeinmanWisconsin Supreme Court · 1918
3Cited by39 opinions
- Callihan v. MontgomerySupreme Court of Pennsylvania · 1922
- Mobile Liners, Inc. v. McConnellSupreme Court of Alabama · 1930
- Fox v. Fafnir Bearing Co.Supreme Court of Connecticut · 1928
- Flynn v. CarsonIdaho Supreme Court · 1926
- Utah Copper Co. v. Industrial Commission of UtahUtah Supreme Court · 1920
34 more not listed; retrieve them via the Exa API.