Pfister & Vogel Leather Co. v. Indus. Comm'n of Wis.

• Decision Date: 08 November 1927
• Citation: 215 N.W. 815,194 Wis. 131
• Court: Wisconsin Supreme Court
• Parties: PFISTER & VOGEL LEATHER CO. v. INDUSTRIAL COMMISSION OF WISCONSIN ET AL.

194 Wis. 131

215 N.W. 815

PFISTER & VOGEL LEATHER CO.

v.INDUSTRIAL COMMISSION OF WISCONSIN ET AL.

Supreme Court of Wisconsin.

Nov. 8, 1927.

Appeal from a Judgment of the Circuit Court for Dane County; August C. Hoppmann, Circuit Judge. Affirmed.

Action by the Pfister & Vogel Leather Company to set aside a death benefit awarded to Helen Gawlik by the Industrial Commission. From a judgment affirming the award, the Pfister & Vogel Leather Company appeal.

Leon Gawlik had been continuously employed in tanneries for 27 years before his death. He had spent the last 7 or 8 years of his life in the tannery of the appellant company. His death was caused by an infection of the liver by the actinomycosis germ or fungus, which is the germ which produces the disease commonly called lumpy jaw when it affects cattle.

Deceased worked in a large room in which hides were first handled when the process of tanning began. The hides passed through several processes for the purpose of softening them and removing any flesh that might remain upon them. They were then immersed in a saturated lime solution or in a solution of sodium sulphide. After the hides came from these solutions, they were handled by the deceased, who passed them through machines for the purpose of removing any flesh remaining on the hides. If there was any flesh that was not removed by these machines, it was trimmed off by the deceased by the use of a knife.

The commission found that the death was caused by a disease contracted because of his occupation and employment with the Pfister & Vogel Leather Company. The circuit court confirmed the award.Lines, Spooner & Quarles, of Milwaukee, for appellant.

John W. Reynolds, Atty. Gen., Mortimer Levitan, Asst. Atty. Gen., and Kleczka & Kleczka, of Milwaukee, for respondents.

STEVENS, J.

The single question presented is whether there is any credible evidence which directly or by fair inference sustains the findings of the Industrial Commission. This depends largely upon the testimony of the three physicians who testified. As is usually the case when doctors are called by opposing parties, they do not agree. Yet there is substantial accord in their testimony as to the fundamental facts involved. The difference in their testimony consists chiefly in the degree of certainty with which they testify to the basic facts which determine liability.

The doctors all agreed that the actinomycosis germ or fungus does pass by direct contact from animal to animal, if there is a portal of entry. They also agree that the germ does not die with the death of the animal, and that it might be alive, imbedded in the hide when it reached the tannery. They also agree that the germ could pass from the hides to the hands of the man handling the hides, and then to the mouth, and thus be introduced into the human system. The doctors agree that biologically there is no characteristic difference between the actinomycosis germ found in animals and in man. They further agree that the germ could pass through the air and enter the human system...