Marks v. Moore

G-rieein Smith, Chief Justice.

Claim was filed with Workmen’s Compensation Commission against S. H. Moore, as employer, and Employers’ Mutual Liability Insurance Company of Wisconsin. Matilda Marks, a colored woman, alleged she was the lawful widow of John Marks, and that her husband was killed when he fell from a truck then being operated on Moore’s account. Other essential facts were asserted.

The defense was threefold: (a) The accident did not arise out of and in the course of employment; (b) death resulted solely because of intoxication; and (c) Marks had gone through the formality of…