SEYMOUR v. INDUSTRIAL COMM


25 Wis.2d 482 (1964)

CITY OF SEYMOUR and another, Appellants, v. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

November 24, 1964.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Edward T. O'Neill of Fond du Lac.

For the respondent Industrial Commission the cause was argued by Beatrice Lampert, assistant attorney general, with whom on the brief was George Thompson, attorney general.

For the respondent Jankowski there was a brief by Sigman, Sigman & Shiff of Appleton, and oral argument by Samuel Sigman.


CURRIE, C. J.

The employee Jankowski's expert witnesses testified that in their opinion one or both of his violent falls on the icy pavement in March, 1959, aggravated the pre-existing chordoma by damaging the surrounding tissues and making them more susceptible to the growth of the tumor. Based on this testimony the commission in its findings of fact found:

"... that although his tumor pre-existed his injury of March 9 and March 16, it was asymptomatic and...

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