92 N.W.2d 759

McFARLANE, Respondent, v. INDUSTRIAL COMMISSION and another, Appellants: HARDWARE MUTUAL CASUALTY COMPANY, Respondent.

Supreme Court of Wisconsin.October 10, 1958 —
November 5, 1958.

APPEAL from a judgment of the circuit court for Dane county: EDWARD T. FAIRCHILD, Reserve Circuit Judge, Presiding. Affirmed.

Page 401

For the appellant Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.

For the respondent Wynne McFarlane there was a brief by Callahan Arnold of Columbus, and oral argument b E. Clarke Arnold.

For the respondent Hardware Mutual Casualty Company there was a brief by Toebaas, Hart, Kraege Jackman of Madison, and oral argument by W. L. Jackman.

PER CURIAM.

Of the justices participating in the determination of this case two voted for affirmance and two voted for reversal of the judgment of the circuit court. Under our rules, therefore, the judgment is affirmed without opinion.

MARTIN, C.J., and BROWN and FAIRCHILD, JJ., took no part.

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