Legal Opinion

Racine Auto Tire Co. v. Hansen

Wisconsin Supreme Court

Decided December 14, 1920PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Dane county. E. Ray Stevens, Circuit Judge. This action was brought by the plaintiffs to set aside an award of the Industrial Commission upon the grounds that the Commission acted without and in excess of its •powers; that the findings of the Commission are not supported by the evidence; and that the Commission specifically acted without and in excess of its authority in awarding the applicant, Hansen, treble the amount…

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Appeal from a judgment of the circuit court for Dane county. E. Ray Stevens, Circuit Judge. This action was brought by the plaintiffs to set aside an award of the Industrial Commission upon the grounds that the Commission acted without and in excess of its •powers; that the findings of the Commission are not supported by the evidence; and that the Commission specifically acted without and in excess of its authority in awarding the applicant, Hansen, treble the amount otherwise recoverable for the injury he sustained, upon the ground that Hansen, a minor under seventeen years of age, had been…

1Opinion of the CourtSiebecker, C. J.

Mr. Justice Kerwin did not participate in the consideration and decision of this case. The court is equally divided in opinion upon the question in*119volved on this appeal. Mr. Justice Eschweiler, Mr. Justice Rosenberry, and Mr. Justice Jones are of the opinion that the judgment appealed from should be reversed, and Mr. Justice Vinje, Mr. Justice Owen, and the writer are of the opinion that the judgment should be affirmed. Under the established rule it follows that the judgment appealed from is affirmed. Swenson v. Flint, 123 Wis. 613, 101 N. W. 1135; Hagenah v. Milwaukee E. R. & L. Co. 136 Wis.…

2Cases cited3 opinions

  1. Hagenah v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
  2. State v. CarterWisconsin Supreme Court · 1918
  3. Swenson v. FlintWisconsin Supreme Court · 1905

3Cited by3 opinions

  1. Fox River Paper Co. v. Railroad CommissionWisconsin Supreme Court · 1926
  2. Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017
  3. Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017

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