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OLSON v. INDUSTRIAL COMM.

273 Wis. 272 (1956)

OLSON and another, Appellants, vs. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

June 5, 1956.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf, attorneys, and A. W. Kivett and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Mr. A. W. Kivett and Mr. Clack.

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 James Dahl there was a brief by Fugina, Kostner & Ward of Arcadia, and oral argument by LaVern G. Kostner.

BROADFOOT, J.

The plaintiffs challenge the finding that Dahl was performing service growing out of and incidental to his employment at the time of his injury. It is their contention that Dahl deviated from his employment when he sought recreation at the liquor store; that there is a presumption of continuity of his personal business and that he was still outside the scope of his employment when the accident occurred; that...

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