Town of Stephenson v. Schelk
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to review an award of the Industrial Commission, given under the workmen’s compensation act, secs. 2394 — 3 to 2394 — 31, Stats., by which the plaintiff town was ordered to compensate the defendant, its employee, for injuries. The trial court set aside the award and the employee brings this appeal.
Read the full summary
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to review an award of the Industrial Commission, given under the workmen’s compensation act, secs. 2394 — 3 to 2394 — 31, Stats., by which the plaintiff town was ordered to compensate the defendant, its employee, for injuries. The trial court set aside the award and the employee brings this appeal. Appellant Schelk was in the service of the respondent towh on July 18, 1918, working upon a road which was considerably used for travel. It appears to have been in a region sparsely settled and…
1Opinion of the CourtJones, J.
No claim has been made in the argument or brief of the respondent town that the appellant did not have a meritorious claim against the town under the workmen’s compensation act, although it seems to have been urged before the Commission that the injury was not one incidental to the employment.
Appellant clearly had a cause of action against the person who fired the shot. He may have had doubts whether he had a cause of action against both McDonald and Stibbe, and, if not, whether he could have proved who discharged the shot. Before he fully determined on the best course to pursue he became…
2Cases cited2 opinions
- White v. Industrial CommissionWisconsin Supreme Court · 1918
- Harloff v. MerwinWisconsin Supreme Court · 1920
3Cited by4 opinions
- State v. HeinemannWisconsin Supreme Court · 1930
- McCrary v. WolffNebraska Supreme Court · 1923
- Ronning v. Industrial CommissionWisconsin Supreme Court · 1925
- Martell v. KutcherWisconsin Supreme Court · 1928