210 Wis. 315 | Wis. | 1933
The deceased was in the service of Racine county as a supervising teacher of rural schools. Both she and the county were subject to the workmen’s compensation act. The only question litigated is whether at the time of the accident resulting in her death the deceased was “performing services growing out of and incidental to her employment.”
In the performance of her 'duties as supervising teacher the deceased used her own automobile. At about 10:45 in the night of April 23, 1931, her automobile was found on its side in the Fox river. The automobile tracks indicated that it ran off the highway into the river at a bridge. Miss Stewart was in the automobile drowned. Her watch had stopped at 9 o’clock. She was last seen at a hotel in Burlington where she took dinner from 6 :30 to 7 :30 o’clock. She was then examining some papers, the nature of which does not affirmatively appear. She had left her home in the morning and visited two schools in the vicinity of Burlington during the day and had left the one last visited around. 5 o’clock. At 5 :30 o’clock she had stopped to take gasoline at a service station at Waterford, a few miles from Burlington and near the school last visited. The place where she was found was not on the most direct route from Burlington to the place of her residence, but on one six miles farther, which, however, might be taken in preference and was on the way towards the schools she was to visit the next day. Besides visiting schools, the duties of the deceased at times required her to visit parents and pupils, and she often performed these duties in the evening, returning home at times as late as 11 o’clock. Schools which she was required to visit other than those visited on the day of her death were located south of Burlington. She had been sick and during the day had expressed solicitude over being behind with her work. She was absorbed in her work and conscientiously devoted
The appellants contend that the burden is on the claimant to prove that at the time of the accident involved Miss Stewart was performing service incidental to her employment; that this requires proof of just what she was doing at the time; that as there is no such proof, the inference that she was performing service incidental to her employment rests upon mere speculation; and that the finding that she was so engaged is entirely without support and the claimants’ case falls.
The Industrial Commission in closing their recital of evi-dentiary facts say:
“It appears to the commission, in drawing inferences from all the testimony, that whatever her (deceased’s) objective was, it was probably something connected with her duties as supervising teacher and that at the time of her accident she was performing services growing out of and incidental to her employment. It even seems proper, under the circumstances, and in the absence of any showing to the contrary, to indulge in a presumption of the continuity of the course of her employment to the time of her accident.”
We are of opinion that the inference of the commission was warranted. It appears without dispute that on the day of her death Miss Stewart was engaged in the performance of the duties of her employment. A condition once proven to exist is presumed to continue in the absence of evidence to the contrary. The evidentiary facts, as a whole, point more directly to the conclusion that at the time of the accident the deceased was on some mission connected with her work than that she was on business of her own. At least the commission might properly so conclude.
By the Court. — The judgment of the circuit court is affirmed.