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KRESS PACKING CO. v. KOTTWITZ

No. 184.

61 Wis.2d 175 (1973)

212 N.W.2d 97

KRESS PACKING COMPANY, INC., and another, Respondents, v. KOTTWITZ, Appellant: DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Defendant.

Supreme Court of Wisconsin.

Decided November 27, 1973.

Attorney(s) appearing for the Case

For appellant Reuben Kottwitz there were briefs by Wickhem, Consigny, Sedor, Andrews & Hemming, S. C., of Janesville, and oral argument by John C. Wickhem.

For the respondents there was a brief by Axley, Brynelson, Herrick & Gehl of Madison, and oral argument by Eugene O. Gehl.

HALLOWS, C. J.

The only issue on this appeal is whether Kottwitz was an employee of Kress at the time of the accident for workmen's compensation purposes. Whether Kottwitz was an employee is a question of law to be determined by the application of well-defined rules to the facts. Ace Refrigeration & Heating Co. v. Industrial Comm. (1966), 32 Wis.2d 311, 315, 145 N.W.2d 777. This view was expounded in Duvick v. Industrial...

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