Miller Scrap Iron Co. v. Boncher
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment of the circuit court confirming an award of the Industrial Commission made September 22, 1919, and confirming an order of the Industrial Commission made November 24, 1919, refusing to vacate said award of September 22d.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment of the circuit court confirming an award of the Industrial Commission made September 22, 1919, and confirming an order of the Industrial Commission made November 24, 1919, refusing to vacate said award of September 22d. The award was for $3,000 in favor of Mary Boncher and against the Miller Scrap Iron Company and Georgia Casualty Company, as compensation under the workmen’s compensation act for the death of Joseph Boncher, husband of Mary Boncher, while in the employ of…
1Opinion of the CourtOwen, J.
It is appellants’ contention that the award made by the Industrial Commission should be vacated and set aside because the prosecution of the common-law action by the administratrix of the estate of Joseph Boncher against the Miller Scrap Iron Company and Herman Miller to recover damages for his death operated as a waiver on the part of Mary Boncher of any claim for compensation against the {Miller Scrap Iron Company under the workmen’s compensation act, secs. 2394 — 25 to 2394 — 31, inclusive. Their argument in this behalf is based on the provisions of sub. 2, sec. 2394 — 25, Stats. 1919,…
2Cases cited2 opinions
- Findlay v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1895
- Carbary v. Detroit United RailwayMichigan Supreme Court · 1909
3Cited by7 opinions
- Sylcox v. National Lead Co.Missouri Court of Appeals · 1931
- Bernard v. JenningsWisconsin Supreme Court · 1932
- Anderson v. Miller Scrap Iron Co.Wisconsin Supreme Court · 1922
- Tews Lime & Cement Co. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1968
- Combined Locks Paper Co. v. Industrial CommissionWisconsin Supreme Court · 1925
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