Day v. Gold Star Dairy

This is an appeal from an order of the department of labor and industry, awarding compensation to plaintiff for injuries received in an automobile collision.

On February 4, 1942, plaintiff was in the employ of the Gold Star Dairy. On the day in question, he left Port Huron for Kingston for the purpose of buying butter and eggs. On his return trip he ascended a hill or long grade, traveling at a rate of 47 1/2 miles per hour. The highway was wet and icy. He had been following a cattle truck and near the top of the hill he turned to the left side of the highway in an attempt to pass the truck.…