Legal Opinion · Dissent

Oliver v. Wyandotte Industries Corporation

Supreme Judicial Court of Maine

Decided July 31, 1973Published

1DissentWebber, Justice

I would deny the appeal. In my view the Court today departs from the concept of “employment created risk” heretofore well understood and clearly defined by Maine law. The extension of coverage to an employee involved in a typical public street accident cannot fail to create uncertainties for the Bar and unnecessarily difficult problems for resolution by the Court on a case by case basis.

*864The facts are fully and fairly stated in the Court’s opinion. As therein stated the Commissioner specifically found that “Petitioner was exposed to no greater risk than the public.” Under well established…

2Cases cited37 opinions

  1. Cudahy Packing Co. Of Nebraska v. ParramoreSupreme Court of the United States · 1924
  2. Bountiful Brick Co. v. GilesSupreme Court of the United States · 1928
  3. Barnett v. Britling Cafeteria Co.Supreme Court of Alabama · 1932
  4. Greydanus v. Industrial Accident CommissionCalifornia Supreme Court · 1965
  5. Hammond v. the Great Atlantic & Pacific Tea Co.Supreme Court of New Jersey · 1970

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