Rhinelander Paper Co. v. Indus. Comm'n

• Decision Date: 08 December 1931
• Citation: 239 N.W. 412,206 Wis. 215
• Parties: RHINELANDER PAPER CO. ET AL. v. INDUSTRIAL COMMISSION ET AL.
• Court: Wisconsin Supreme Court

206 Wis. 215

239 N.W. 412

RHINELANDER PAPER CO. ET AL.

v.INDUSTRIAL COMMISSION ET AL.

Supreme Court of Wisconsin.

Dec. 8, 1931.

Appeal from a judgment of the Circuit Court for Dane County; A. C. Hoppmann, Circuit Judge.

Action by the Rhinelander Paper Company and another against the Industrial Commission and Edward Coppenger. From a judgment of the circuit court affirming an award of the Industrial Commission, plaintiffs appeal.--[By Editorial Staff.]

Affirmed.

Action begun November 6, 1930; judgment entered June 15, 1931. Workmen's compensation. From a judgment of the circuit court affirming an award of the Industrial Commission, the plaintiffs appeal.Grady, Farnsworth & Walker, of Portage, for appellants.

John W. Reynolds, Atty. Gen., and Mortimer Levitan and Herbert H. Naujoks, Asst. Attys. Gen., for respondents.

ROSENBERRY, C. J.

The facts are not in dispute and as stated by the Industrial Commission are as follows: “There is no dispute but what this applicant was a regular employe of the Rhinelander Paper Company and had been such for the past four years. At the time of and for some few days preceding the injury the American Engineering Company were making some replacements in the boilers of the Rhinelander Paper Company, under contract and with the American Engineering Company, having from twelve to fifteen of their own employes on the premises of the Rhinelander Paper Company in doing this work. The chief engineer of the Rhinelander Paper Company, Mr. Suhs, had given instructions to some of his subordinates and employes, including the applicant, to render such assistance as was possible to the employes of the American Engineering Company to insure a prompt completion of this work. The applicant and other employes of the Rhinelander Paper Company did render assistance to the employes of the American Engineering Company, and at the completion of the work the Rhinelander Paper Company billed the American Engineering Company for such services. At all times, however, the regular employes of the Rhinelander Paper Company were paid and supervised by foremen and executives of the Rhinelander Paper Company. On the day in question the applicant was assisting an employe of the American Engineering Company for a few minutes in connection with ascertaining the difficulty in starting an air motor. While doing this work one of the bristles of the wire brush on the end of the shaft flew off, striking the applicant in the eye, resulting in...