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FELS v. INDUSTRIAL COMM.

269 Wis. 294 (1955)

FELS, Respondent, vs. INDUSTRIAL COMMISSION, Defendant: NEENAH-MENASHA SAND & GRAVEL COMPANY and another, Appellants.

Supreme Court of Wisconsin.

March 8, 1955.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf, attorneys, and A. W. Kivett and Stephen C. deVries of counsel, all of Milwaukee, and oral argument by A. W. Kivett.

For the respondent there was a brief by Cashman & Savage of Manitowoc, and oral argument by John R. Cashman.

MARTIN, J.

The facts are not in dispute. Plaintiff Fels owned a dump truck and he entered into an oral contract with Neenah-Menasha Sand & Gravel Company to haul gravel for 55 cents a yard; Fels was to furnish the truck, gasoline, and oil, and was to be responsible for repairs to the truck.

About 3:15 p. m. on December 11, 1951, after dumping a load, Fels reported to the checker that he would not take another load because the center spring bolt on the...

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