Racine Auto Tire Co. v. Indus. Comm'n of Wis.

• Citation: 173 Wis. 118,180 N.W. 124
• Parties: RACINE AUTO TIRE CO. ET AL. v. INDUSTRIAL COMMISSION OF WISCONSIN ET AL.
• Decision Date: 14 December 1920
• Court: Wisconsin Supreme Court

173 Wis. 118

180 N.W. 124

RACINE AUTO TIRE CO. ET AL.

v.INDUSTRIAL COMMISSION OF WISCONSIN ET AL.

Supreme Court of Wisconsin.

Dec. 14, 1920.

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

Action to set aside an award of the State Industrial Commission by the Racine Auto Tire Company and the Travelers' Insurance Company against said State Industrial Commission and Christ Hansen. From a judgment for defendants, plaintiffs appeal. Affirmed.

This action was brought by the plaintiffs to set aside an award of the Industrial Commissionupon the grounds that the commission acted without and in excess of its powers, that the findings of the commission are not supported by the evidence, and that the commission specifically acted without and in excess of its authority in awarding the applicant Hansen treble the amount otherwise recoverable for the injury he sustained, upon the ground that Hansen, a minor under 17 years of age, had been employed by the plaintiff tire company without a written permit, as required by section 1728a, Stats. The circuit court affirmed the award, and judgment was entered accordingly, from which judgment the plaintiffs appeal.

Olin, Butler, Stebbins & Stroud, of Madison, for appellants.

John J. Blaine, Atty. Gen., W. W. Gilman, Asst. Atty. Gen., and Guy A. Benson, of Racine, for respondents.

SIEBECKER, C. J.

Mr. Justice KERWIN did not participate in the consideration and decision of this case. The court is equally divided in opinion upon the question involved on this appeal. Justices ESCHWEILER, ROSENBERRY, and JONES are of the opinion that the judgment appealed from should be reversed, and Justices VINJE, OWEN, and the writer are of the opinion that the judgment should be affirmed. Under the established rule, it follows that the judgment appealed from is affirmed. Swenson v. Flint, 123 Wis. 613, 101 N. W. 1135;Hagenah v. M. E. R. & L. Co., 136 Wis. 300, 116 N. W. 843;Estate of Carter, 167 Wis. 89, 166 N. W. 657.

The judgment appealed from is affirmed.