Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 184Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1916 |
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Page 87
... EMPLOYMENT . To justify an award of compensation to an injured em- ployee the accident must have arisen out of as well as in the course of his employment ; the two are separate questions to be determined by different tests : " out of ...
... EMPLOYMENT . To justify an award of compensation to an injured em- ployee the accident must have arisen out of as well as in the course of his employment ; the two are separate questions to be determined by different tests : " out of ...
Page 88
... employment under Act No. 10 , Extra Session 1912 ( 2 How . Stat . [ 2d Ed . ] § 3939 et seq . ) , although decedent had spent the day at one of the branch factories in a distant town from which he had returned to the city in which he ...
... employment under Act No. 10 , Extra Session 1912 ( 2 How . Stat . [ 2d Ed . ] § 3939 et seq . ) , although decedent had spent the day at one of the branch factories in a distant town from which he had returned to the city in which he ...
Page 90
... employment . To justify an award under this act , it must be shown that the employee received " a personal injury arising out of and in the course of his employment . " This provision is adopted in identical words from the English ...
... employment . To justify an award under this act , it must be shown that the employee received " a personal injury arising out of and in the course of his employment . " This provision is adopted in identical words from the English ...
Page 91
... employment , and therefore cannot be said to arise out of it . An accident arising out of an employment almost necessarily occurs in the course of it , but the converse does not follow . 1 Bradbury on Workmen's Compensation , p . 398 ...
... employment , and therefore cannot be said to arise out of it . An accident arising out of an employment almost necessarily occurs in the course of it , but the converse does not follow . 1 Bradbury on Workmen's Compensation , p . 398 ...
Page 92
... employment , then it arises ' out of the employment . But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause , and which comes from a hazard to which the workman would have been ...
... employment , then it arises ' out of the employment . But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause , and which comes from a hazard to which the workman would have been ...
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Common terms and phrases
accident action affirmed agreement alleged amended amount Ann Arbor Railroad appears appellee assessment Assumpsit bailment Boeing brings error BROOKE cause certiorari charge circuit court city of Detroit claim complainant concurred condition contract contributory negligence counsel court of equity court of record damages deceased decedent Decided March 17 decree deed defendant defendant's direct a verdict directed verdict Docket duty employment engine entitled evidence fact fendant filed follows Fordney Grand Haven Grand Rapids Heliker husband injury judgment jury KUHN land lease March 17 Marsac Martin Stephan MCALVAY ment Michigan MOORE mortgage negligence opinion OSTRANDER paid parties payment person plaintiff premises proceedings question railroad Railroad Co Railway reason record recover refused rule Shirley Ross Stat statute STEERE Submitted taxes testified testimony thereon tion township track trammers trial court wife wires witness Ypsilanti
Popular passages
Page 282 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 283 - All laws now in force in the territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Page 271 - Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter...
Page 237 - It is claimed by some recent writers that it was not the intention of the framers of the Constitution to confer...
Page 91 - It is sufficient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to perform.
Page 230 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 65 - ... shall well, truly and faithfully comply with all the terms, covenants and conditions of said contract on their part to be kept and performed according to its tenor, then this obligation to be null and void, otherwise to be and remain in full force and virtue in law.
Page 92 - ... out of the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood.
Page 623 - ... companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act...
Page 230 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment. The exemption from these duties should not depend upon implication or inference, founded on doubtful and conflicting evidence ; but should be specific and certain, leaving no room for controversy between the parties.