VAN ROY v. INDUSTRIAL COMM.


5 Wis.2d 416 (1958)

VAN ROY, Appellant, v. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

November 5, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Duffy, Dewane, Miller & Gerlikowski of Green Bay, and oral argument by William J. Duffy.

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

For the respondents Brown County and Hardware Mutual Casualty Company there was a brief by Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by W. L. Jackman.


CURRIE, J.

The principal issue on this appeal is whether the accident arose out of the employment within the meaning of sec. 102.03 (1) (e), Stats.

The requirement that an accident must arise out of the employment in order to be compensable is common to most workmen's compensation statutes. In fact, the Workmen's Compensation Acts of 41 states and the Federal Longshoremen's and Harbor Workers' Compensation Act, 33 USCA, sec. 901 et seq., contain such...

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