Village of Weyauwega v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment affirming an award of the Industrial Commission. Claimant’s husband, John P. Kramer, sustained injuries while painting a bridge in the village of Weyawmega which resulted in his death. Compensation is claimed.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment affirming an award of the Industrial Commission. Claimant’s husband, John P. Kramer, sustained injuries while painting a bridge in the village of Weyawmega which resulted in his death. Compensation is claimed. The evidence taken before the Commission shows that the village board of the village of Weyawmega instructed the road and bridge committee of such board to have the bridge painted and hire some one to paint it. The committee secured bids from Kramer and another…
1Opinion of the CourtOwen, J.
In order to entitle the claimant to compensation the relation of employer and employee must have existed between the village and Kramer at the time the injury was sustained. Appellant contends that the relation was not that of employer and employee, but that the relation of Kramer to the village was that of an independent contractor. This is the .sole question presented.
It is contended on the part of the respondent that the question presented is one of fact; that the evidence is such as to justify different inferences, and that the finding of the Industrial Commission is conclusive. If…
2Cases cited18 opinions
- Holbrook v. Olympia Hotel Co.Michigan Supreme Court · 1918
- Carleton v. Foundry & Machine Products Co.Michigan Supreme Court · 1917
- Cayll v. Waukesha Gas & Electric Co.Wisconsin Supreme Court · 1920
- Madix v. Hochgreve Brewing Co.Wisconsin Supreme Court · 1913
- Carlson v. StockingWisconsin Supreme Court · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
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- Mallinger v. Webster City Oil Co.Supreme Court of Iowa · 1929
- Tesch v. Industrial CommissionWisconsin Supreme Court · 1930
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