Johnson v. Wisconsin Lumber & Supply Co.

The workmen’s compensation act is ch. 50 of the Laws of 1911. The part material in this inquiry is that part of sec. 2394 — 7, Stats. 1911, which provides that the term employee shall be construed to mean:

“(2) Every person in the service of another under any contract of hire, express or implied, oral or written, . . . but not including any person whose employment is but casual or is not in the usual course of the trade, business, profession, or occupation of his employer.”

The first case which arose under this section was West Salem v. Industrial Comm. (1916) 162 Wis. 57, 155 N. W. 929. In…