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CUTLER-HAMMER, INC., v. INDUSTRIAL COMM.

5 Wis.2d 247 (1958)

CUTLER-HAMMER, INC., Appellant, v. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellant there were briefs by Michael, Spohn, Best & Friedrich, attorneys, and Thomas S. Stone and James C. Mallatt of counsel, all of Milwaukee, and oral argument by Mr. Mallatt.

For the respondent Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, Beatrice Lampert, and John H. Bowers, assistant attorneys general, and oral argument by Mr. Bowers.

For the respondent Louis Smedegard there was oral argument by Robert E. Gratz of Milwaukee.

HALLOWS, J.

This appeal presents two questions: (1) Did the applicant sustain an accident causing injury arising out of his employment, and (2) was there a refusal or failure of treatment by the employer?

Not only is it necessary that the employee at the time of the accident be performing services growing out of and incidental to his employment but the accident causing the injury must arise out of the employment. Sec. 102.03 (1) (c) and (e), Stats.; Nash...

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