Hackley-Phelps-Bonnell Co. v. Cooley
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Applicant John Cooley was engaged to perform services for appellant company, On the second day of such services, March 19, 1918, he was working, pursuant to instructions, upon a railroad track in the woods. There was snow and ice on.the ground.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Applicant John Cooley was engaged to perform services for appellant company, On the second day of such services, March 19, 1918, he was working, pursuant to instructions, upon a railroad track in the woods. There was snow and ice on.the ground. Applicant testified before the Industrial Commission that the day was bright and warm and he had rolled up his sleeves; that he was directed to get some blocks with which to level the track, and for this purpose went apart from his fellow workers, cut a pole,…
1Opinion of the Court
The following opinion was filed October 19, 1920:
Jones, J.
1. Counsel for the appellants admit that, if the testimony of the applicant, Cooley, is worthy of belief, there is evidence to support the findings of the Commission. Their contention is that his testimony is so improbable as to be unworthy of belief. It may be granted that the account of' the injury given by him seems rather improbable in some particulars. Yet the applicant, apparently a man of no particular intelligence or education, told substantially the same story as to the principal facts both to his medical attendants a few days…
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