200 Wis. 134 | Wis. | 1929
The workmen’s compensation act provides that an employee is. entitled to compensation • when at the time of the accident he is performing service growing out of and incidental to his employment; and that an employee going to or from his employment in the ordinary and usual way, while on the premises of the employer, shall be deemed' to be performing such service. Sec. 102.03, Stats.
The employee was going to work in his ordinary and usual way. The sole question is whether he was on the employer’s premises when injured.
The facts of the case being undisputed, the question whether the point of injury was on the premises of the employer is a question of law and the finding of the commission is not conclusive. Radtke Bros. & Korsch Co. v. Rutzinski,
The plaintiff relies on Northwestern Fuel Co. v. Industrial Comm. 197 Wis. 48, 221 N. W. 396, as determining the case in his favor. In this case the employee when injured was within the limits of a laid-out public street which entered the company’s premises. The company had encroached with its buildings upon the entire street end; had furnished cinders for keeping the street in repair, and in large part had done the work of repair. The company owned land on both sides of the street and its employees used the street in going to and from the different portions of the premises while engaged in their work. The company used the street as if it were its private premises and but little use of it was made •by any one else, except as railway tracks crossed it, over which trains ran. The employee was injured while on his way to work by being struck by a train when crossing one of these railway tracks at a point on the street adjacent to a narrow lot which was not owned by the company. The company made the same use of this part of the street as of the rest of it. The court held that the injury occurred on the employer’s premises.
Originally the act did not provide for injuries to employees received on the employer’s premises while going to or from work. Injuries so received had to be recovered for by a common-law action, if' at all. The provisions under which plaintiff claims were by amendment added at the end
By the Court. — The judgment is affirmed.