Grand Rapids Bedding Co. v. Grand Rapids Furniture Temple Co.
Michigan Supreme Court
Error to Kent; Brown (William B.), J. Assumpsit by the Grand Rapids Bedding Company against the Grand Rapids Furniture Temple Company for the amount of an award against plaintiff under the workmen’s compensation act. Judgment for plaintiff. Defendant brings error.
Read the full summary
Error to Kent; Brown (William B.), J. Assumpsit by the Grand Rapids Bedding Company against the Grand Rapids Furniture Temple Company for the amount of an award against plaintiff under the workmen’s compensation act. Judgment for plaintiff. Defendant brings error. Plaintiff under the provisions of the workmen’s compensation act was required to pay compensation to the widow of Edward F. Mulzer, one of its employees, and brings this action for indemnity under the provisions of section 15, part 8, of the act (2 Comp. Laws 1915, § 5468). Defendant owns a 9-story building in Grand Rapids. It is…
1Opinion of the CourtFellows, C. J.
(after stating the facts). We shall not take up each assignment of error. As the case must go back for a new trial we shall dispose of the controlling questions. Plaintiff’s right to maintain this action is based upon the statute (2 Comp. Laws 1915, § 5468), which gives such right:
“Where the injury for which compensation is payable under this act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof.” * * *
This “legal liability” arises where such other person is guilty of negligence, and unless a legal liability for…
2Cases cited16 opinions
- Tousey v. . RobertsNew York Court of Appeals · 1889
- Massey v. SellerOregon Supreme Court · 1904
- Fidelity & Casualty Co. v. Cedar Valley Electric Co.Supreme Court of Iowa · 1919
- Peoples' Bank v. MorgolofskiCourt of Appeals of Maryland · 1892
- Claypool v. WigmoreIndiana Court of Appeals · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nezworski v. MazanecMichigan Supreme Court · 1942
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Hull v. Bishop-Stoddard CafeteriaSupreme Court of Iowa · 1947
- Disbrow v. Deering Implement Co.Supreme Court of Iowa · 1943
- Jones v. Michigan Racing Assoc.Michigan Supreme Court · 1956
7 more not listed; retrieve them via the Exa API.