Burchard v. Otis Elevator Co.

Gustos Edlund, while in plaintiff’s employ, came to his death through an accident which occurred incident to his employment. Plaintiff through an insurer has paid compensation awarded to Edlund’s widow. This suit is brought by plaintiff in behalf of the insurer under 2 Comp. Laws 1929, § 8454, to recover from defendants the amount of compensation so paid. Recovery is sought on the ground that Edlund’s death was caused by defendants’ negligence. Defendants deny the charge that they were negligent, and urge that both plaintiff and Edlund were guilty of negligence which caused or at least…