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KRAYNICK v. INDUSTRIAL COMM.

34 Wis.2d 107 (1967)

KRAYNICK, Appellant, v. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Edward P. Rudolph of Milwaukee.

For the respondent Industrial Commission the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondents Kraft Foods and Ideal Mutual Insurance Company there was a brief by Walther Burns of Milwaukee, and oral argument by David L. Walther.

GORDON, J.

The appellant urges us to adopt a judicial presumption that an unexplained fall occurring in the course of employment "arises out of his employment," as that expression is used in sec. 102.03(1)(e), Stats. The answer to this proposal is contained in Nielsen v. Industrial Comm. (1961), 14 Wis.2d 112, 118, 109 N.W.2d 483, where this court said:

"Human experience does not attest all accidents or a sufficient...

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