Anderson v. Miller Scrap Iron Co.
| Decision Date | 29 April 1919 |
| Parties | ANDERSON v. MILLER SCRAP IRON CO. ET AL. |
| Court | Wisconsin Supreme Court |
On motion for rehearing. Motion denied.
For former opinion, see 170 N. W. 275.
The Miller Scrap Iron Company moves for a rehearing, and asks that the decision of the court be so modified as to make it plain beyond doubt that the court is not in this case passing upon any question of election and is not permitting the plaintiff to take a voluntary reversal as to Herman Miller without prejudice to any claim of the widow, if any there be, under the Workmen's Compensation Act.
The plaintiff asks that this court upon this motion determine that there was no waiver as to the widow of the deceased for compensation under the act.
The defendant Herman Miller appealed, which is in effect an application to this court to reverse the judgment of the trial court. As stated in the opinion, the plaintiff requested, in the event that the Workmen's Compensation Act be held applicable to the defendant company, that the judgment should be reversed on both appeals. The law having been held applicable, this court without further consideration reversed the judgment on both appeals, and did not decide, or attempt to decide, and does not now decide, whether or not the widow's right to compensation under the Workmen's Compensation Act is in any way affected by the proceedings had in this case. That matter is left to be determined in its proper order in another proceeding, where all of the facts may be presented without prejudice as to the rights of the widow. The motion is denied, without costs.
It is so ordered.
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