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M. W. MARTIN, INC., v. INDUSTRIAL COMM.

13 Wis.2d 574 (1961)

M. W. MARTIN, INC., Plaintiff and Appellant, v. INDUSTRIAL COMMISSION and another, Defendants and Respondents: WESTERN CASUALTY & SURETY COMPANY, Plaintiff and Appellant.

Supreme Court of Wisconsin.

May 2, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by John A. Moore of Oshkosh.

For the respondent Industrial Commission the cause was argued by Mortimer Levitan, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general, joined in by Thompson & Thompson of Oshkosh, for Dolores Schroeder, and oral argument by Andrew C. Thompson.

CURRIE, J.

It is the position of counsel for the appellant employer that there is no support in the evidence for the commission's finding of fact that the employer had not issued an order to the deceased employee prohibiting him from going down into the excavated ditch. Based upon the premise that such an order had been issued on the morning of the accident, counsel advances these two contentions:

(1) The violation of such order by the deceased in going down...

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