Hayward v. Kalamazoo Stove Co.

On Rehearing.

Potter, J.

The facts appear in the opinion filed April 4, 1939. Rehearing was granted.

This proceeding is under the workmen’s compensation act. Its disposition depends upon the application of statutory rules to the facts.

At common law, an employer was not liable to an employee for injuries suffered by the employee arising out of and in the course of his employment if such employer was without fault. To recover in a suit for damages, it was necessary for the employee to show that the employer was negligent; that such negligence was the proximate cause of the injury complained of;…