Miller ex rel. Miller v. J. A. Utley Construction Co.

LEVIN, District Judge.

This is a common law tort action by an employee of the Hill-Macintosh Company, a subcontractor hereinafter referred to as the subcontractor, against the J. A. Utley Construction Company, the general contractor, hereinafter referred to as the general contractor, for injuries sustained while in the course of his employment with the subcontractor. The injuries resulted from a defective heating device supplied by the general contractor on a construction site.

The subcontractor was subject to the provisions of the Michigan Workmen’s Compensation Law, and its compensation…