GRANT COUNTY SERVICE BUR. v. INDUSTRIAL COMM.


25 Wis.2d 579 (1964)

GRANT COUNTY SERVICE BUREAU, INC., Appellant, v. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

November 24, 1964.


Attorney(s) appearing for the Case

For the appellant there was a brief by Kenneth M. Orchard of Madison, attorney, and L. James Leitl of Platteville of counsel, and oral argument by Mr. Orchard.

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

For the respondent Shirley Hoadley there was a brief by Morse & Morse of Lancaster, and W. L. Jackman of Madison, and oral argument by Mr. Jackman.


BEILFUSS, J.

The plaintiff, the appellant employer, contends that the evidence will not sustain the finding of ultimate fact that the deceased employee was fatally injured while performing services in the course of and incidental to his employment. It argues (1) that the employee was on a "frolic of his own" and that the employee's activities were of no benefit to the employer, and (2) that the employee was in wilful disobedience of the employer's directions.

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