Buvia v. Oscar Daniels Co.
Michigan Supreme Court
Certiorari to Industrial Accident Board. Frank Buvia, Joseph Boissineau and Belle Cennell, administratrix of the estate of Thomas Cennell, deceased, presented their claims for compensation against the Oscar Daniels Company for injuries and the accidental death of Thomas Cennell in defendant’s employ. From orders awarding compensation, defendaxit and the Employers’ Liability Assurance Corporation, insurer, bring certiorari.
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Certiorari to Industrial Accident Board. Frank Buvia, Joseph Boissineau and Belle Cennell, administratrix of the estate of Thomas Cennell, deceased, presented their claims for compensation against the Oscar Daniels Company for injuries and the accidental death of Thomas Cennell in defendant’s employ. From orders awarding compensation, defendaxit and the Employers’ Liability Assurance Corporation, insurer, bring certiorari. These three cases all grow out of the same accident in which Thomas Cennell, husband of Belle Cennell, claimant, lost his life and claimants Joseph Boissineau and Frank…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the contention of appellants:
*761. That the injuries did not arise out of the employment.
■ 2. That such injuries did not arise in the course of the employment in which claimants were engaged.
We have frequently held that, in order to entitle the injured person to compensation under the act, the injury must arise out of the employment as well as in the course of the employment. Tarpper v. Weston-Mott Co., 200 Mich. 275, and cases cited. An injury arises out of the employment when there is apparent to the rational mind, upon consideration of all the circumstances, a…
2Cases cited7 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Haller v. City of LansingMichigan Supreme Court · 1917
- Kunze v. Detroit Shade Tree Co.Michigan Supreme Court · 1916
- Hopkins v. Michigan Sugar Co.Michigan Supreme Court · 1915
- Klawinski v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McCampbell v. Benevolent & Protective Order of ElksArizona Supreme Court · 1950
- Mann v. Board of EducationMichigan Supreme Court · 1934
- MacK v. Reo Motors, Inc.Michigan Supreme Court · 1956
- Murphy v. Flint Bd. of EducationMichigan Supreme Court · 1946
- Sichterman v. Kent Storage Co.Michigan Supreme Court · 1922
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