Agler v. Mich. Agric. Coll., 294.
| Court | Supreme Court of Michigan |
| Writing for the Court | KUHN |
| Citation | 181 Mich. 559,148 N.W. 341 |
| Parties | AGLER v. MICHIGAN AGRICULTURAL COLLEGE. |
| Docket Number | No. 294.,294. |
| Decision Date | 24 July 1914 |
181 Mich. 559
148 N.W. 341
AGLER
v.
MICHIGAN AGRICULTURAL COLLEGE.
No. 294.
Supreme Court of Michigan.
July 24, 1914.
Certiorari by the Michigan Agricultural College to the Industrial Accident Board to review an order affirming an award made to Willis M. Agler by an arbitration committee, in accordance with the Workmen's Compensation Act. Decision of Industrial Accident Board reversed, and claim of applicant denied.
The applicant, who is a tinner and roofer by trade, was injured, on April 18, 1913, by falling from a ladder while making repairs on the buildings of the respondent. A claim was presented against the respondent under the Workmen's Compensation Law of 1912, and the case is brought here by certiorari to the Industrial Accident Board to review an order affirming the award made to the applicant by an arbitration committee, in accordance with the provisions of the act. Neither the Michigan Agricultural College nor the State Board of Agriculture, which has general supervision of the college and direction and control of all its funds, elected to come under the provisions of the Workmen's Compensation Act. No mention is made in the act of either of the constitutional boards; the Board of Regents of the University and the State Board of Agriculture, and the question here is, Does the act bring arbitratrily under its provisions the State Board of Agriculture, which is a board created by the Constitution (section 7 and 8, art. 11, Const. 1908)? The involves a consideration of the following sections of the act:
‘Part 1. Sec. 5. The following shall constitute employers subject to the provisions of this act:
‘1. The state and each county, city, township, incorporated village and school district therein;
‘2. Every person, firm and private corporation, including any public service corporation, who has any person in service under any contract of hire, express or implied, oral or written, and who, at or prior to the time of the accident to the employé for which compensation under this act may be claimed, sahll in the manner provided in the next section, have elected to become subject to the provisions of this act, and who shall not, prior to such accident, have effected a withdrawal of such election, in the manner provided in the next section. * * *
‘Sec. 7. The term ‘employé’ as used in this act shall be construed to mean:
‘1. Every person in the service of the state, or of any county, city, township, incorporated village or school district therein, under any appointment, or contract of hire, express or implied, oral or written, except any official of the state, or of any county, city, township, incorporated village or school district therein: Provided, that one employed by a contractor who has contracted with a county, city, township, incorporated village, school district or the state,...
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Peters v. Mich. State Coll., No. 65.
...originally enacted (Act No. 10, Pub.Acts 1912, 1st Ex.Sess.), above referred to. In the case of Agler v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341, the employee was injured April 18, 1913, which was before the act of 1913, supra, was effective; hence in the Agler Case we sa......
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Clauss v. Bd. Of Educ. Of Anne Arundel County., No. 21.
...157 Okl. 262, 11 P.2d 466; Rusk District v. Industrial Commission, 186 Wis. 232, 202 N.W. 204; Alger v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341; Smith v. State Highway Commission, 131 Va. 571, 109 S.E. 312. An examination of these cases, however, shows that each of them i......
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Board of Control of Eastern Mich. University v. Labor Mediation Bd., No. 21
...Regents of University of Michigan v. Auditor General (1911), 167 Mich. 444, 132 N.W. 1037; Agler v. Michigan Agricultural College (1914), 181 Mich. 559, 148 N.W. 341; People, for use of Regents of University of Michigan v. Brooks (1923), 224 Mich. 45, 194 N.W. 602; and State Board of Agricu......
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Glass v. Dudley Paper Co., Nos. 35
...from any interference therewith. Weinberg v. Regents of University, 97 Mich. 246, 56 N.W. 605; Agler v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341. For discussion of point, see also Peters v. Michigan State College, 320 Mich. 243, 30 N.W.2d It is on the above basis that plai......
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Peters v. Mich. State Coll., 65.
...originally enacted (Act No. 10, Pub.Acts 1912, 1st Ex.Sess.), above referred to. In the case of Agler v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341, the employee was injured April 18, 1913, which was before the act of 1913, supra, was effective; hence in the Agler Case we sa......
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Clauss v. Board of Ed. of Anne Arundel County, 21.
...157 Okl. 262, 11 P.2d 466; Rusk District v. Industrial Commission, 186 Wis. 232, 202 N.W. 204; Alger v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341; Smith v. State Highway Commission, 131 Va. 571, 109 S.E. 312. An examination of these cases, however, shows that each of them i......
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Clauss v. Bd. Of Educ. Of Anne Arundel County., 21.
...157 Okl. 262, 11 P.2d 466; Rusk District v. Industrial Commission, 186 Wis. 232, 202 N.W. 204; Alger v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341; Smith v. State Highway Commission, 131 Va. 571, 109 S.E. 312. An examination of these cases, however, shows that each of them i......
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Board of Control of Eastern Mich. University v. Labor Mediation Bd., 21
...Regents of University of Michigan v. Auditor General (1911), 167 Mich. 444, 132 N.W. 1037; Agler v. Michigan Agricultural College (1914), 181 Mich. 559, 148 N.W. 341; People, for use of Regents of University of Michigan v. Brooks (1923), 224 Mich. 45, 194 N.W. 602; and State Board of Agricu......