Smith v. Scheidegger Bros.

Decided November 4, 1919

Wisconsin Supreme Court · decided 1919-11-04

Ray Stevens, Circuit Judge. Action to set aside an award of the Industrial Commission. The plaintiff filed a claim before the Commission, as the widow of one Solomon Smith, against Scheidegger Bros., a logging firm, on account of the death of said Smith as the result of injuries received by him while at work for said firm in the woods as a-lumberjack.

Cited by 1 later decisions — most recently March 1944

1 state decisions

Relies on Northwestern Iron Co. v. Indusrrial Commission

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1919-11-04

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Winslow, C. J.

¶1It is plain that the judgment was right. It was a question of fact to be decided by the Commission whether the claimant and the deceased were living together within the meaning of the law. Northwestern Iron Co. v. Industrial Comm. 154 Wis. 97, 142 N. W. 271. In the present case there was ample testimony tending strongly to show that there was “an actual separation in the nature of an estrangement” for more than a year and a half prior to the accident. This was sufficient to support the finding that the parties were not living together. Northwestern Iron Co. v. Industrial Comm., supra.

¶2By the Court. — Judgment affirmed.