Howard v. City of Detroit

On our leave granted, plaintiff appealed a denial of benefits under the workmen’s compensation act.1 The two-to-one divided opinion held his accidental injury did not arise out of and in the course of his employment.

The majority view is succinctly stated as follows:

“The Supreme Court has consistently held that, as a general rule, an injury to an employee while merely *105on Ms way to or from work, without any causal connection between his injury and his work, and without any duty to perform at that time for the employer, does not arise out of and in the course of the employment.”

Contra, the…