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MERTON LUMBER CO. v. INDUSTRIAL COMM.

260 Wis. 109 (1951)

MERTON LUMBER COMPANY and another, Appellants, vs. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

November 9, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Quarles, Spence & Quarles, attorneys, and Kenneth P. Grubb and Edmund W. Powell of counsel, all of Milwaukee, and oral argument by Mr. Grubb.

For the respondent Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.

For the respondents M. & M. Realty Company and Bituminous Casualty Corporation there was a brief by Grelle & Schlotthauer of Madison, and oral argument by George Schlotthauer.

L. A. Tarrell of Milwaukee, for the respondent Everett Rankin.

BROWN, J.

The examiner's memorandum, quoted above, down to the asterisk is a fair statement of the medical evidence. Then follow the examiner's conclusions:

"The examiner is of the opinion that the incident of March 10, 1949, did not constitute an injury caused by accident. It appears to have been too insignificant and the applicant's condition at that time to have been too vulnerable to constitute an industrial accident."

This, formalized as a finding...

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