Githens v. Industrial Commission

The statute, sec. 102.03, provides in part:

“(1) Liability under this chapter shall exist against an employer only where the following conditions concur: . . .

“(c) Where, at the time of the injury, the employee is performing service growing out of and incidental to his employment. Every employee going to and from his employment in the ordinary and usual way, while on the premises of his employer, shall be deemed to be performing service growing out of and incidental to his employment. ...”

The appellant contends that at the time of the accident he was performing services growing out of and…