Legal Opinion

Carleton v. Foundry & Machine Products Co.

Michigan Supreme Court

Decided December 27, 1917No. Docket No. 18PublishedCited by 38 opinions

Certiorari to Industrial Accident Board. Elizabeth J. Carleton presented her claim for compensation against the Foundry & Machine Products Company for the accidental death of her husband in defendants’ employ. From an order awarding compensation, defendant and the Michigan Workmen’s Compensation Mutual Insurance Company, insurer, bring certiorari.

1Opinion of the CourtFellows, J.

Counsel for plaintiff so clearly stated the issue in this case to the arbitrators that we quote it:

“The chief testimony as I understand it is as to whether Mr. Carleton was an employee or an independent contractor. He was doing this work on a time and percentage basis; that is, he hired the men. The usual procedure of doing the work was, when the Foundry & Machine Products Company wanted any work of this particular kind done, such as moving machinery or anything along that particular line, they would call Mr. Carleton up, and he would go over and they would go over the work to be done…

2Cases cited17 opinions

  1. Powell v. Construction Co.Tennessee Supreme Court · 1890
  2. Casement v. BrownSupreme Court of the United States · 1893
  3. Gall v. Detroit Journal Co.Michigan Supreme Court · 1916
  4. Tuttle v. Embury-Martin Lumber Co.Michigan Supreme Court · 1916
  5. Uppington v. . City of New YorkNew York Court of Appeals · 1901

12 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
  2. Shannon v. Western Indemnity Co.Texas Commission of Appeals · 1924
  3. Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
  4. Hillen v. Industrial Accident CommissionCalifornia Supreme Court · 1926
  5. Utley v. Taylor & Gaskin, Inc.Michigan Supreme Court · 1943

33 more not listed; retrieve them via the Exa API.

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