Hurley v. Selden-Breck Const. Co., 320.
| Court | Supreme Court of Michigan |
| Writing for the Court | OSTRANDER |
| Citation | 193 Mich. 197,159 N.W. 311 |
| Parties | HURLEY v. SELDEN-BRECK CONST. CO. |
| Docket Number | No. 320.,320. |
| Decision Date | 26 September 1916 |
193 Mich. 197
159 N.W. 311
HURLEY
v.
SELDEN-BRECK CONST. CO.
No. 320.
Supreme Court of Michigan.
Sept. 26, 1916.
Certiorari to Industrial Accident Board.
Proceedings under the Workmen's Compensation Act by Annie Hurley, to obtain compensation for the death of her husband, Arthur Hurley, opposed by the Selden-Breck Construction Company, the employer. Compensation was awarded, the award affirmed by the Industrial Accident Board, and the employer brings certiorari. Award affirmed.
Argued before STONE, C. J., and KUHN, OSTRANDER, BIRD, MOORE, STEERE, BROOKE, and PERSON, JJ.
[159 N.W. 311]
Frederick T. Witmire, of Detroit, for appellant.
Howard B. Bloomer and Seth J. Wicker, both of Detroit, for appellee.
OSTRANDER, J.
The facts found by the Industrial Accident Board are stated as follows:
‘(1) On December 6, 1913, Arthur Hurley, the deceased husband of claimant, Anna Hurley, was in the employ of the Selden-Breck Construction Company, a corporation, which said company was erecting a building for the Ford Motor Company at Woodward avenue and the East Grand boulevard in the city of Detroit, and state of Michigan.
‘(2) Arthur Hurley was by trade a brick mason, and on December 6, 1913, was laying terra cotta window sills, which, according to the custom observed in the trade or brick mason, comes under the head of brickwork.
‘(3) Henry Singer, foreman in charge of the work on December 6, 1913, ordered three bricklayers, one of whom was Arthur Hurley, to lay terra cotta window sills (pieces of terra cotta
2 feet long, 18 inches wide, and 9 inches thick), and the two bricklayers, so ordered to lay terra cotta window sills with Arthur Hurley, worked together, lifting, carrying, and setting said terra cotta window sills, but Arthur Hurley, having no one to help him, was compelled to lift, carry, and set said terra cotta window sills without assistance.
‘(4) Arthur Hurley was engaged in laying terra cotta window sills weighing between 75 and 80 pounds, unassisted as aforesaid, when at about the hour of 2 o'clock in the afternoon on said December 6, 1913, while lifting a terra cotta window sill on the wall, he was injured, crying out at the time and putting his hand on his back, and appeared to be in great distress, although he changed work with William J. Booth, who was near him at the time, and finished the day laying brick, continuing until 4 o'clock in the afternoon, the usual quitting time.
‘(5) The injury sustained by Arthur Hurley on said...
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Sheppard v. Michigan Nat. Bank, No. 68
...accident or not. See LaVeck v. Parke, Davis & Co., 190 Mich. at page 607, 157 N.W. 72.' See also Hurley v. Selden-Breck Construction Co., 193 Mich. 197, 159 N.W. 311; Monk v. Charcoal Iron Company of America, 246 Mich. 193, 224 N.W. Thus we clearly established at an early date that disabili......
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Hanson v. Independent School District 11-J, 5525
...re Larson, 48 Idaho 136, 279 P. 1087; Robbins v. Original Gas Engine Co., 191 Mich. 122, 157 N.W. 437; Hurley v. Selden-Breck Const. Co., 193 Mich. 197, 159 N.W. 311; Tintic Milling Co. v. Industrial Com., 60 Utah 14, 23 A. L. R. 325, 206 P. 278; General American Tank Car Corp. v. Weireck, ......
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Wieda v. American Box Board Co., 17
...claimant had (unknown to himself) a pre-existing heart difficulty? If so, we are confronted with Hurley v. Selden-Breck Construction Co., 193 Mich. 197, 159 N.W. 311. There the plaintiff was Arthur Hurley, a brick mason by trade. While lifting a terra cotta window sill into place he suffere......
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Pinyon Queen Mining Co. v. Industrial Commission of Utah, 3744
...Co. (Mich.) 191 Mich. 122, 157 N.W. 437; Grove v. Michigan, etc., Co., 184 Mich. 449, 151 N.W. 554; Hurley v. Selden-Breck Co. (Mich.) 193 Mich. 197, 159 N.W. 311; Winter v. Alkinson, etc., Co., 88 N.J.L. 401, 96 A. 360; Mazzarisi v. Ward, 170 A.D. 868, 156 N.Y.S. 964; Sullivan v. Industria......
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Sheppard v. Michigan Nat. Bank, No. 68
...accident or not. See LaVeck v. Parke, Davis & Co., 190 Mich. at page 607, 157 N.W. 72.' See also Hurley v. Selden-Breck Construction Co., 193 Mich. 197, 159 N.W. 311; Monk v. Charcoal Iron Company of America, 246 Mich. 193, 224 N.W. Thus we clearly established at an early date that disabili......
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Hanson v. Independent School District 11-J, 5525
...re Larson, 48 Idaho 136, 279 P. 1087; Robbins v. Original Gas Engine Co., 191 Mich. 122, 157 N.W. 437; Hurley v. Selden-Breck Const. Co., 193 Mich. 197, 159 N.W. 311; Tintic Milling Co. v. Industrial Com., 60 Utah 14, 23 A. L. R. 325, 206 P. 278; General American Tank Car Corp. v. Weireck, ......
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Pinyon Queen Mining Co. v. Industrial Commission of Utah, 3744
...Co. (Mich.) 191 Mich. 122, 157 N.W. 437; Grove v. Michigan, etc., Co., 184 Mich. 449, 151 N.W. 554; Hurley v. Selden-Breck Co. (Mich.) 193 Mich. 197, 159 N.W. 311; Winter v. Alkinson, etc., Co., 88 N.J.L. 401, 96 A. 360; Mazzarisi v. Ward, 170 A.D. 868, 156 N.Y.S. 964; Sullivan v. Industria......
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