Dinardo v. Consumers Power Co.

ALLEN, Circuit Judge.

The principal question presented by this appeal is whether the appellant’s acceptance of compensation benefits under the Workmen’s Compensation Act of Michigan, Comp.Laws 1948, § 411.1 et seq., precludes him from seeking a recovery in a common law action against appellee, which is alleged to be a third party liable for negligence causing appellant’s injuries.

On May 30, 1945, appellant, a citizen of Ohio, was injured while he was working for an Ohio corporation, an independent contractor, upon the premises of appellee in Michigan. For approximately three years thereafter…