JOHNSTON v. INDUSTRIAL COMM.


3 Wis.2d 173 (1958)

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

Supreme Court of Wisconsin.

February 4, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Frank L. Morrow of Eau Claire.

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 city of Eau Claire and Iowa National Mutual Insurance Company there was a brief by Stafford, Pfiffner & Stafford of Chippewa Falls, and oral argument by Robert F. Pfiffner.


STEINLE, J.

On December 4, 1953, the plaintiff, Charles Johnston, then forty-eight years of age, a sewer worker for the city of Eau Claire, who had been so employed for two and one-half years up to that time, was assisting a fellow workman in the cleaning of a city sewer. After the work inside the manhole was completed, Johnston straddled the manhole, bent his body forward, and with a pick attempted to pull the cover (which weighed about 100 to 150 pounds and was...

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