Village of Weyauwega v. Kramer
Wisconsin Supreme Court
192 N.W. 452 (1923)
- Written by Jennifer Flinn, JD
Facts
The Village of Weyauwega (village) (defendant) entered into an oral contract with Kramer for the painting of a bridge in the village. The village agreed to pay Kramer $75 to paint the bridge and directed Kramer to begin painting “whenever he got around to it.” Kramer fell while painting the bridge and sustained fatal injuries. Kramer’s wife (plaintiff) sought compensation for his death. The testimony in the case was undisputed that the village maintained no daily supervision over Kramer, and Kramer was free to hire additional workers to help complete the job. The Industrial Commission found that Kramer was the village’s employee and awarded compensation to Kramer’s wife. The trial court affirmed, and the village appealed.
Rule of Law
Issue
Holding and Reasoning (Owen, J.)
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