Legal Opinion

Kelley v. Haylock

Wisconsin Supreme Court

Decided May 23, 1916PublishedCited by 11 opinions

Appeal from a judgment of the circuit court for Dane county: E. Ray SteveNS, Circuit Judge. Action under tbe Workmen’s Compensation Act to set aside an award of the Industrial Commission for $366.46 against Henry Kelley and Elmer Thronson rendered in favor of Elmer Ilayloch, an employee of Kelley.

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Appeal from a judgment of the circuit court for Dane county: E. Ray SteveNS, Circuit Judge. Action under tbe Workmen’s Compensation Act to set aside an award of the Industrial Commission for $366.46 against Henry Kelley and Elmer Thronson rendered in favor of Elmer Ilayloch, an employee of Kelley. The circuit court set aside the award on the ground that none of the parties were under the Compensation Act, and from a judgment entered accordingly Elmer Ilayloch and the Industrial Commission appealed.

1Opinion of the CourtViNJE, J.

Plaintiffs are farmers. Kelley, in addition to running a farm, operated a silo filler, filling his own silo and those of other farmers in the fall. In operating the filler he employed less than four men except when filling his own silo. In threshing time and occasionally in tobacco work he has employed more than four men for a short time. Ilayloch was an employee of Kelley at the time the latter filled Thron-soris silo on September 8, 1914. On that day he sustained an injury in the course of his employment for which the award was made. Thronson did not employ four or more men in the running…

2Cited by11 opinions

  1. Palle v. Industrial CommissionUtah Supreme Court · 1932
  2. Kamp v. DisneySupreme Court of Colorado · 1943
  3. Smith v. YurkovskySupreme Court of Connecticut · 2003
  4. Guse v. Industrial CommissionWisconsin Supreme Court · 1925
  5. Mathers v. SellersDistrict Court of Appeal of Florida · 1959

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