SCHMIDLKOFER v. INDUSTRIAL COMM.


265 Wis. 535 (1953)

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

Supreme Court of Wisconsin.

December 30, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by Klaprat, Larson & Rogge of Wausau, and oral argument by E. E. Klaprat.

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 John Check there was a brief and oral argument by Walter A. Graunke of Wausau.

For the respondents Harold Rebe and Travelers Insurance Company there was a brief by Stroud, Stebbins, Wingert & Stroud of Madison, and oral argument by Byron H. Stebbins.


FAIRCHILD, J.

It may be conceded as fundamental that where only one inference can reasonably be drawn from undisputed facts a question of law arises under the statute. However, it is true that even "if there is no dispute in the testimony a question of fact is presented if different inferences may be drawn, or `if something more than the application of a rule of law is required in order to reach a final conclusion.'" Hipke v. Industrial Comm.

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