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A. O. SMITH CORP. v. INDUSTRIAL COMM.

264 Wis. 510 (1953)

A. O. SMITH CORPORATION, Appellant, vs. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by L. A. Tarrell 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.

FAIRCHILD, J.

An employer is not liable under the Workmen's Compensation Act unless the employee sustains an injury while performing service growing out of and incidental to his employment. While suicide was not pleaded by the appellant, appellant's petition for review before the commission denying that the accident arose out of the employment did raise the issue before the commission. Sec. 102.03 (1) (c), Stats., includes protection for the employee while going to...

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