170 Wis. 293 | Wis. | 1919
The appellants contend on this appeal, first, that Hansen was not within the course of his employment in entering the burning building where he met his death; second, that the applicant, Marie J. Hansen, was not living with her husband at the time of his death within the provisions of sub. 3 (a), sec. 2394 — 10, Stats.; and lastly, that she was not a dependent upon him within the meaning of the same statute.
We are satisfied that the evidence supports the conclusion of the Commission that at the time of his death Louis Han
We do not think that either the letter or the spirit of the workmen’s compensation act requires that such employee should be penalized for obeying such a natural and commendable instinct on his part.
On the third point urged by appellants, we hold that under the testimony of Mrs. Hansen to the effect that she was living with her son only temporarily rather than with her husband and by reason of an agreement between the deceased and herself on account of her ill health, and that the work required in the apartment furnished by the son was much less of a strain upon her than at the homestead, and that she expected to return to her husband, all furnish ample warrant for the finding that she was living with her husband at the time of his death. Northwestern Iron Co. v. Industrial Comm. 154 Wis. 97, 101, 142 N. W. 271.
Having properly held that she was living with her husband at the time of his death, then sub. 3 (a), sec. 2394 — 10, Stats., establishes a conclusive presumption that she -yvas
By the Court. — Judgment affirmed.