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NEESE v. STATE MEDICAL SOCIETY

36 Wis.2d 497 (1967)

NEESE, Plaintiff and Respondent, v. STATE MEDICAL SOCIETY OF WISCONSIN and another, Defendants and Appellants: INDUSTRIAL COMMISSION, Defendant and Respondent.

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by W. L. Jackman, attorney, and John D. Thiel and Hart, Kraege, Jackman, Wightman & Bieber of counsel, all of Madison, and oral argument by Arnold J. Wightman.

For the respondent Industrial Commission the cause was argued by Roy G. Mita, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the respondent Neese there was a brief by John C. Carlson and Lawton & Cates, all of Madison, and oral argument by Mr. Carlson.

BEILFUSS, J.

The principal issue is: Did the accident take place while the respondent-employee was engaged in a deviation from his employment and engaged in an act not reasonably necessary for living or incidental thereto within the meaning of the Workmen's Compensation Act?

The statute, sec. 102.03 (1) (f), provides:

"Every employe whose employment requires him to travel shall be deemed to be performing service growing out of and incidental to his...

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