F. C. Gross & Bros. Co. v. Indus. Comm'n of Wis.

• Decision Date: 21 May 1918
• Citation: 167 Wis. 612,167 N.W. 809
• Parties: F. C. GROSS & BROS. CO. ET AL. v. INDUSTRIAL COMMISSION OF WISCONSIN ET AL.
• Court: Wisconsin Supreme Court

167 Wis. 612

167 N.W. 809

F. C. GROSS & BROS. CO. ET AL.

v.INDUSTRIAL COMMISSION OF WISCONSIN ET AL.

Supreme Court of Wisconsin.

May 21, 1918.

Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.

Action by F. C. Gross & Bros. Company and another against the Industrial Commission of Wisconsin and Albertine Loferski to review an award in favor of Loferski. Judgment for defendants, and plaintiffs appeal. Affirmed.

The Industrial Commission awarded compensation to the respondent Albertine Loferski on account of the death of her husband, Peter Loferski, as against the appellant F. C. Gross & Bros. Co. as employer, and Wisconsin Employers Exchange as insurer. The appellant employer conducted a packing industry in Milwaukee. During the process of the work a certain fertilizer accumulated from time to time so that every four or five weeks it was necessary to load it on a car and remove it from the plant. This work was performed at times by their regular employés and at times by men engaged for such occasions. The deceased was not regularly employed by the appellant, but had at times been called in to assist in such loading of the fertilizer. At other times he did odd jobs for other employés, but pursued no regular employment. At the time in question here he was set to work on Monday morning in so loading the fertilizer, and continued at such until Wednesday night. After this work was finished he requested employment for the balance of the week, and was then engaged to assist in cleaning up and picking up odds and ends around and in certain buildings and portions of the yard of the employer consequent upon their having built a new ice box and taken out some partitions in one of their buildings. This cleaning up had been going on but a few days at the time, and was not a part of the regular cleaning up work necessary in the usual conduct of the industry. While so engaged, and early on the next day, he received an injury by the breaking of a bone of his foot. He was removed to a hospital, and died within three days thereafter. It appeared that the cause of his death was the result of this injury and also of delirium tremens. Upon the review of these proceedings before the circuit court for Dane county the award of the commission was affirmed and from the judgment thereon this appeal was taken.Otjen & Otjen, of Milwaukee, for appellants.

Spencer Haven, Atty. Gen., and Winfield W. Gilman, Asst. Atty. Gen., for the Industrial...