City of Milwaukee v. Althoff
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteyeNS, Circuit Judge. Tbe appeal is from a judgment affirming an award of $2,138.11 made in favor of Minnie Althoff by tbe Industrial Commission under tbe Workmen’s Compensation Act against tbe city of Milwaulcee on account of tbe death of William A. Althoff, tbe father of said Minnie Altho'ff. Tbe deceased was employed by tbe city at an agreed compensation of $2 per day.
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Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteyeNS, Circuit Judge. Tbe appeal is from a judgment affirming an award of $2,138.11 made in favor of Minnie Althoff by tbe Industrial Commission under tbe Workmen’s Compensation Act against tbe city of Milwaulcee on account of tbe death of William A. Althoff, tbe father of said Minnie Altho'ff. Tbe deceased was employed by tbe city at an agreed compensation of $2 per day. His hours of labor were fixed at eight hours a day by an ordinance of tbe city, and be began work at 8 o’clock in tbe morning and finished at 5 in tbe…
1Opinion of the CourtBaRNes, J.
Tbe appellant contends that it is not liable for injuries received by one of its employees while on bis way to work; tbat tbe relation of master and servant did not exist when deceased was injured; and that if there is any liability on tbe part of the city it arises out of sec. 1339, Stats.
Sec. 2394 — 4, Stats. 1911, provides for liability for compensation'“Where, at tbe time of tbe accident, tbe employee is performing service growing out of and incidental to bis *71employment.” The material questions in the case are: Did the relation of master and servant exist when the accident occurred ? And,…
2Cases cited8 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Pool v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Harvey v. Texas & P. Ry. Co.Court of Appeals for the Fifth Circuit · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Vennen v. New Dells Lumber Co.Wisconsin Supreme Court · 1915
- Novack v. Montgomery Ward & Co.Supreme Court of Minnesota · 1924
- Holt Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Chandler v. Industrial CommissionUtah Supreme Court · 1919
- In re HarradenIndiana Court of Appeals · 1917
30 more not listed; retrieve them via the Exa API.