Chamberlain v. Industrial Commission

The judgment setting aside the commission’s order must be affirmed.

We consider that on the undisputed facts, and on the finding of the commission on the one material point of fact in dispute, only one inference is permissible, viz., that Chamberlain sustained his injury while performing service growing out of and incidental to his employment, and the accident arose out of his employment. Therefore only a question of law is presented, and we are not bound by the commission’s determination to the contrary, whether it be treated as a finding of fact or a conclusion of law. Schmidlkofer v.…