De Mann v. Hydraulic Engineering Co.
Michigan Supreme Court
Certiorari to Industrial Accident Board. Wilhelmina De Mann presented her claim against the Hydraulic Engineering Company for compensation for the death of her husband in defendant’s employ. From an order awarding compensation, respondent brings certiorari.
1Opinion of the CourtPerson, J.
(after stating the facts). It is true that the burden is upon the claimant to show that the de*597ceased met his death through a personal injury arising out of and in the course of his employment. And it is equally true that this burden is not sustained if an inference favorable to the applicant can be arrived at only by a guess. But, as was said by this court in Parker v. Union Station Ass’n, 155 Mich. 72 (118 N. W. 733):
“While it is true that proof must establish a probability, and where the testimony can be said to be as consistent with a theory that relieves a defendant from liability for the…
2Cases cited5 opinions
- Sundine's CaseMassachusetts Supreme Judicial Court · 1914
- Hills v. BlairMichigan Supreme Court · 1914
- Andrejwski v. Wolverine Coal Co.Michigan Supreme Court · 1914
- Terlecki v. StraussSupreme Court of New Jersey · 1914
- Parker v. Union Station Ass'nMichigan Supreme Court · 1908
3Cited by14 opinions
- Pace v. Appanoose CountySupreme Court of Iowa · 1918
- Rish v. Iowa Portland Cement Co.Supreme Court of Iowa · 1919
- Freiborg v. Chrysler CorporationMichigan Supreme Court · 1957
- Brink v. J. W. Wells Lumber Co.Michigan Supreme Court · 1924
- Paton v. Port Huron Engine & Thresher Co.Michigan Supreme Court · 1921
9 more not listed; retrieve them via the Exa API.