Smith v. Scheidegger Bros.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to set aside an award of the Industrial Commission. The plaintiff filed a claim before the Commission, as the widow of one Solomon Smith, against Scheidegger Bros., a logging firm, on account of the death of said Smith as the result of injuries received by him while at work for said firm in the woods as a-lumberjack.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to set aside an award of the Industrial Commission. The plaintiff filed a claim before the Commission, as the widow of one Solomon Smith, against Scheidegger Bros., a logging firm, on account of the death of said Smith as the result of injuries received by him while at work for said firm in the woods as a-lumberjack. The injury to Smith and his death as a result thereof were admitted, but it was claimed (1) that the plaintiff was not the wife of Smith because she had a previous husband still…
1Opinion of the CourtWinslow, C. J.
It is plain that the judgment was right. It was a question of fact to be decided by the Commission whether the claimant and the deceased were living together within the meaning of the law. Northwestern Iron Co. v. Industrial Comm. 154 Wis. 97, 142 N. W. 271. In the present case there was ample testimony tending strongly to show that there was “an actual separation in the nature of an estrangement” for more than a year and a half prior to the accident. This was sufficient to support the finding that the parties were not living together. Northwestern Iron Co. v. Industrial Comm., supra.
By the…
2Cases cited1 opinion
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
3Cited by2 opinions
- Stojic v. Industrial CommissionWisconsin Supreme Court · 1925
- Bulman v. Lyman-Richey Sand & Gravel Corp.Nebraska Supreme Court · 1944