Wilson v. Phœnix Furniture Co.
Michigan Supreme Court
Certiorari to Industrial Accident Board. James T. Wilson presented his claim for compensation against the Phoenix Furniture Company for injuries received in defendant’s employ. From an order awarding compensation, defendant and the Furniture Mutual Insurance Company, insurer, bring certiorari.
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Certiorari to Industrial Accident Board. James T. Wilson presented his claim for compensation against the Phoenix Furniture Company for injuries received in defendant’s employ. From an order awarding compensation, defendant and the Furniture Mutual Insurance Company, insurer, bring certiorari. Plaintiff, an employee of defendant furniture company, describes the accident as follows: _ “When I got hurt I was running one of them small single-head, I was standing up working this way (indicating), and there was kind of a rack or table behind me where I got stock. I shaped a piece, turned around,…
1Opinion of the CourtFellows, J.
(after stating the facts). In Ayr Steam Shipping Co. v. Lendrum, 6 B. W. C. C. 326, Lord Dundas said:
“I think one may deduce from the decisions (1) that the burden is always upon the applicant to prove that death resulted from an accident arising out of as well as in the course of the employment; (2) that such proof need not be by direct but may be by circumstantial evidence, but there must be facts from which an inference can be drawn, as distinguished from mere conjecture, surmise, or probability; and (3) that an award by an arbiter cannot stand unless the facts found are such as to entitle…
2Cases cited7 opinions
- Hills v. BlairMichigan Supreme Court · 1914
- Meyers v. Michigan Central RailroadMichigan Supreme Court · 1917
- Papinaw v. Grand Trunk Railway Co.Michigan Supreme Court · 1915
- Van Gorder v. Packard Motorcar Co.Michigan Supreme Court · 1917
- Grove v. Michigan Paper Co.Michigan Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ginsberg v. Burroughs Adding Machine Co.Michigan Supreme Court · 1918
- Chaudier v. Stearns & Culver Lumber Co.Michigan Supreme Court · 1919
- People v. PetroMichigan Supreme Court · 1955
- Glenn v. McDonald Dairy Co.Michigan Supreme Court · 1935
- Carter Oil Co. v. GibsonWyoming Supreme Court · 1925
6 more not listed; retrieve them via the Exa API.