Town of New Holstein v. Industrial Commission

{dissenting). Appellant town, the designated agent of the state for that purpose, was performing the governmental duty of repairing the public highway, and for negligence in so doing there is no liability to respond in damages except by express statute. Uecker v. Clyman, 137 Wis. 38, 39, 118 N. W. 247; Bremer v. Milwaukee, 166 Wis. 164, 167, 164 N. W. 840.

Only because there was no prior written permit authorizing the employment of the minor by the town, it is now compelled to .pay treble compensation, and this under sub. (7) (a), sec. 102.09, Stats., providing for such treble damages if the…