Malone v. Detroit United Railway
Michigan Supreme Court
Certiorari to Industrial Accident Board. Mike Malone presented his claim for compensation against the Detroit United Railway for injuries received in defendant’s employ. From an order awarding compensation, defendant brings certiorari. Certiorari to the industrial accident board. Claimant, a common laborer 34 years of age, was an employee of the respondent, the Detroit United Railway, in its track laying department.
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Certiorari to Industrial Accident Board. Mike Malone presented his claim for compensation against the Detroit United Railway for injuries received in defendant’s employ. From an order awarding compensation, defendant brings certiorari. Certiorari to the industrial accident board. Claimant, a common laborer 34 years of age, was an employee of the respondent, the Detroit United Railway, in its track laying department. At the time of the injury respondent was engaged in preparing the way for a new track on Milwaukee ave. east, in the city of Detroit. The street being paved, respondent employed a…
1Opinion of the CourtBrooke, J.
(after stating the facts). We have held, Tarpper v. Weston-Mott Co,, 200 Mich. 275, that to entitle a claimant to compensation for an injury arising “out of” his employment it must be shown that:
“The causative danger must be peculiar to the work, and not common to the neighborhood. It must be incidental to the character of the business, and not independent of the relation of master and servant. It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational…
2Cases cited6 opinions
- Haller v. City of LansingMichigan Supreme Court · 1917
- Kunze v. Detroit Shade Tree Co.Michigan Supreme Court · 1916
- Papinaw v. Grand Trunk Railway Co.Michigan Supreme Court · 1915
- Tarpper v. Weston-Mott Co.Michigan Supreme Court · 1918
- Purdy v. City of Sault Ste. MarieMichigan Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whetro v. AwkermanMichigan Supreme Court · 1970
- MacK v. Reo Motors, Inc.Michigan Supreme Court · 1956
- Lipinski v. Sutton Sales Co.Michigan Supreme Court · 1922
- Honaker & Feeney v. HartleySupreme Court of Virginia · 1924
- Punches v. American Box Board Co.Michigan Supreme Court · 1921
7 more not listed; retrieve them via the Exa API.