202 Wis. 319 | Wis. | 1930
On the Sth day of March, 1929, one Rudolph Schloemer was a member of the volunteer'fire department of
Our statutes —sec. 102.03 (2)—provide that every employee going to and from his employment in the ordinary and usual way, while on the premises of his employer, shall be deemed to be performing service growing out of and incidental to his employment. Under the rulings of such cases as Hornburg v. Morris, 163 Wis. 31, 157 N. W. 556, and Caravella v. Milwaukee, 194 Wis. 190, 215 N. W. 911, the streets of the city over which regular firemen go in proceeding to and from their work cannot be considered as the premises of the employer. It is urged, however, that deceased had already entered upon his employment, and that at the time of the injury he was not using the streets of the city merely in going to his employment, but was then in the performance of the duties of his employment.
There is a manifest difference between the time when a volunteer fireman and a regularly paid fireman enters upon' his employment. The regularly paid fireman has definite hours of employment and a definite place of employment. In this respect there is no difference between a regular fireman and an employee in ordinary industry. The volunteer fireman has no definite hours of employment and no regular
The situation here presented is very similar to that considered in United States Cas. Co. v. Superior Hardware Co. 175 Wis. 162, 184 N. W. 694. In that case a city salesman was not required to report at his employer’s place of business before commencing to solicit orders. He left his home for the purpose of soliciting orders, and before he reached the first customer he was struck by an automobile, receiving injuries. It was held that he had entered upon his employment. We can see no difference between the two cases. We attach no significance to the fact, stressed by respondents, that if deceased had been injured while leaving the premises of the O’Neil Oil Company he would have been entitled to compensation from the O’Neil Oil Company, as under the statute he would have been deemed an employee of that company while leaving its premises to go' to the fire. It is claimed that his status was the same, so far as the city is concerned, while on the premises of the O’Neil Oil Company after he started for the fire that it was after leaving the premises. It is urged that his dual status while on the premises of the O’Neil Oil Company — that of an employee
By the Court. — Judgment reversed, and cause remanded with instructions to confirm the award of the Industrial Commission.