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MILLER v. INDUSTRIAL COMM.

258 Wis. 321 (1951)

MILLER and another, Appellants, vs. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.

Attorney(s) appearing for the Case

For the appellants there was a brief by Otjen & Otjen of Milwaukee, and oral argument by Carl Neprud Otjen.

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 respondent American Mutual Liability Insurance Company there was a brief by Shaw, Muskat & Paulsen, attorneys, and Robert W. Haight of counsel, all of Milwaukee, and oral argument by Mr. Haight.

BROADFOOT, J.

We must first determine from the record in this case who was the employer of O'Harris. The examiner for the Industrial Commission concluded that Kelly was his employer. The commission reversed its examiner and made a finding that Miller was his employer. Because the equipment bore the name of "Miller Amusement Enterprises," because O'Harris answered an advertisement of Miller Amusement Enterprises, and because O'Harris was not informed as to who was...

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