WEST SHORE TRANSPORT CO. v. INDUSTRIAL COMM.


258 Wis. 477 (1951)

WEST SHORE TRANSPORT COMPANY and another, Respondents, vs. INDUSTRIAL COMMISSION and another, Appellants.

Supreme Court of Wisconsin.

February 6, 1951.


Attorney(s) appearing for the Case

For the appellant 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 there was a brief by Stroud, Stebbins, Wingert & Stroud of Madison, and oral argument by Byron H. Stebbins.


BROADFOOT, J.

The commission found that at the time of his death Brasel was performing service growing out of and incidental to his employment. The appellants' first contention is that this was a finding of fact and that there is credible evidence in the record to sustain it as such. We do not agree. Upon the record here we find that this was a conclusion of law and subject to review.

The commission further found that the contract of employment included furnishing...

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