BROWN v. INDUSTRIAL COMM.


9 Wis.2d 555 (1960)

BROWN, Respondent, v. INDUSTRIAL COMMISSION and others, Appellants.

Supreme Court of Wisconsin.

March 8, 1960.


Attorney(s) appearing for the Case

For the appellant Industrial Commission the cause was argued by Beatrice Lampert, assistant attorney general, with whom on the brief were John W. Reynolds, attorney general, and Mortimer Levitan, assistant attorney general.

For the appellants Ed. Steigerwald & Sons and Employers Mutual Liability Insurance Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and E. H. Borgelt and Anton Motz of counsel, all of Milwaukee, and oral argument by Mr. Motz.

For the respondent there was a brief and oral argument by Bernard C. Westfahl of Milwaukee.


DIETERICH, J.

The only issue in this case is whether the employee sustained an accidental injury and if such accidental injury arose out of his employment.

Cleon P. Brown, a bricklayer, was thirty-three years of age on the date of the alleged accident. He weighed 170 pounds and was six feet, three inches tall. He had been a bricklayer about six years.

On the morning of September 16, 1957, Brown was laying bricks for a double wall. His testimony follows...

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