Campbell v. Secretary of State, 35
| Citation | 56 N.W.2d 84,335 Mich. 237 |
| Decision Date | 09 December 1952 |
| Docket Number | No. 35,35 |
| Parties | CAMPBELL v. SECRETARY OF STATE et al. |
| Court | Supreme Court of Michigan |
Lola Compbell, in pro. per.
Harry F. Briggs, Lansing, for defendants and appellants. Stanley Dodge, Lansing, of counsel.
Before the Entire Bench.
This is an appeal in the nature of certiorari from an award made by the workmen's compensation commission.
Plaintiff was a filing clerk in a division of the office of the secretary of state, defendant, located on the fourth floor of the Capitol building, in Lansing, Michigan. On January 13, 1950, while on her way to work, plaintiff slipped and fell on the wet waxed floor of the elevator in the north corridor of the Capitol building, while at the basement level. Plaintiff suffered personal injuries as a result of the accident, and was voluntarily paid weekly compensation from January 14, 1950 to July 7, 1950. Defendant employer paid her medical and hospital bills excepting a doctor's bill. She returned to work for defendant employer on August 14, 1950.
Plaintiff filed an application with the commission on August 3, 1950. The award by the deputy commissioner filed on November 10, 1950 awarded plaintiff compensation with credit to defendants for voluntary payments. On appeal to the commission, the commission made its award on September 20, 1951, affirming the award of the deputy. On leave obtained, defendants appealed to this court.
Plaintiff at the time of her injury had not as yet, on the occasion in question, entered upon the discharge of her daily work, but was upon the premises of the state of which defendant secretary of state is an officer.
The workmen's compensation commission in making its award cites and relies upon Babl v. Pere Marquette Ry. Co., 272 Mich. 184, 261 N.W. 292, decided June 3, 1935, in which we affirmed an award for the plaintiff in that case, an employee of defendant which had offices on some upper floors of the Union Depot in Detroit, in which offices was the place of work of Babl, plaintiff in that case. Plaintiff Babl slipped and fell on the wet floor of the downstairs lobby. We say, 272 Mich. at page 186, 261 N.W. at page 293:
Of an import differing from the Babl Case is the majority opinion in Daniel v. Murray Corp. of America, 326 Mich. 1, 14, 39 N.W.2d 229, 233, decided October 10, 1949, in which we say, after a review of several cases:
...
To continue reading
Request your trial
-
Noble v. Zimmerman
...11; Liberty Mutual Ins. Co. v. Industrial Accident Commission, supra, 1952, 39 Cal.2d 512, 247 P.2d 697, 699; Campbell v. Secretary of State, 1952, 335 Mich. 237, 56 N.W.2d 84, 85; Ramseth v. Maycock, 1956, 209 Or. 66, 304 P.2d 415, 417; Persons v. Stokes, 1954, 222 Miss. 479, 76 So.2d 517,......
-
Mack v. Reo Motors, Inc., 35
...... The syllabi correctly state the holding of the Court: . 'An injury 'arises out of' the employment when there is apparent to ...Menthen, 327 Mich. 714, 42 N.W.2d 793; Underwood v. National Motor Castings Division, Campbell, Wyant & Cannon Foundry Co., 329 Mich. 273, 45 N.W.2d 286; Brandner v. Myers Funeral Home, 330 ...Michigan Workmen's Compensation Commission, 335 Mich. 191, 55 N.W.2d 792; Campbell v. Secretary of State, 335 Mich. 237, 56 N.W.2d 84; White v. Public Service Commission, 338 Mich. 282, 61 N.W.2d ......
-
Graham v. Somerville Const. Co.
...v. Kaiser-Frazer Corporation, 326 Mich. 715, 40 N.W.2d 776; Pilgrim v. Menthen, 327 Mich. 714, 42 N.W.2d 793; Campbell v. Secretary of State, 335 Mich. 237, 56 N.W.2d 84. In Phillips v. Fitzhugh Motor Company, 330 Mich. 183, 46 N.W.2d 922, defendant's employee for whose accidental death an ......