No. 124.

56 Wis.2d 569 (1972)

202 N.W.2d 249

CITY OF PHILLIPS and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Respondents.

Supreme Court of Wisconsin.

Decided December 7, 1972.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of deVries, Vlasak & Schallert of Milwaukee.

For the respondent Department of Industry, Labor & Human Relations the cause was submitted on the brief of Robert W. Warren, attorney general, and Donald P. Johns, assistant attorney general.


One issue is raised by this appeal: Was there sufficient credible evidence to sustain the finding that, at the time of his fatal injury on April 23d, Donald C. Marks was performing services incidental to his employment by the city of Phillips?

Appellants first argue that the determination of the department amounts to a conclusion of law rather than a finding of fact. We have said many times in making review of such workmen's compensation cases that...

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