Perham v. American Roofing Co.
Michigan Supreme Court
Certiorari to the Industrial Accident Board. Edith May Perham presented her claim against Albert J. Berschbach and Michael J. Herz, copartners as the American Roofing Company, employers, and the General Accident, Fire & Life Assurance Corporation, Limited, insurers, for compensation for the death of her husband in defendants’ employ. From a judgment for plaintiff, respondents bring certiorari. The facts are not in dispute.
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Certiorari to the Industrial Accident Board. Edith May Perham presented her claim against Albert J. Berschbach and Michael J. Herz, copartners as the American Roofing Company, employers, and the General Accident, Fire & Life Assurance Corporation, Limited, insurers, for compensation for the death of her husband in defendants’ employ. From a judgment for plaintiff, respondents bring certiorari. The facts are not in dispute. Briefly stated, they are as follows: Prior to July 1, 1914, for a period of more than one year, Albert E. Perham was employed by the American Roofing Company, a…
1Opinion of the CourtOstrander, J.
(after stating the facts). The facts import, not a contract to lay slate at a price per square, instead of by the day, but a contract to do a job of slate laying. It is as though Perham had measured the roof, found the number of squares, and, multiplying by the price per square, had contracted to do the *223job for a sum certain. It was a necessary implication that the work was to be done in a workmanlike and proper manner, the premises being considered. Per-ham was in the exercise of an independent and distinct employment, not under the immediate control, direction, or supervision of the…
2Cases cited1 opinion
- Gall v. Detroit Journal Co.Michigan Supreme Court · 1916
3Cited by18 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Norton v. Day Coal Co.Supreme Court of Iowa · 1920
- Holbrook v. Olympia Hotel Co.Michigan Supreme Court · 1918
- Matter of Litts v. . Risley Lumber Co.New York Court of Appeals · 1918
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