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KOSTECZKO v. INDUSTRIAL COMM.

265 Wis. 29 (1953)

KOSTECZKO, Appellant, vs. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

October 6, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by N. Paley Phillips of Milwaukee.

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 State Fair Park, Inc., and United States Fidelity & Guaranty Company there was a brief by Bendinger, Hayes & Kluwin, attorneys, and Donald J. Tikalsky of counsel, all of Milwaukee, and oral argument by Mr. John A. Kluwin and Mr. Tikalsky.

GEHL, J.

The commission found, upon practically undisputed testimony:

"That the deceased was employed by the respondent as an operator of a ride in an amusement park; that deceased was required to remain at his ride while the park was open and could only leave if a relief operator was provided; that the deceased left his ride without relief and took a ride on the adjacent ride, during which time he met his death; that by such action deceased deviated from...

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