Monk v. Charcoal Iron Co. of Am.

• Citation: 246 Mich. 193,224 N.W. 354
• Decision Date: 29 March 1929
• Docket Number: No. 11.,11.
• Parties: MONK v. CHARCOAL IRON CO. OF AMERICA.
• Court: Supreme Court of Michigan

246 Mich. 193

224 N.W. 354

MONK

v.CHARCOAL IRON CO. OF AMERICA.

No. 11.

Supreme Court of Michigan.

March 29, 1929.

Certiorari to Department of Labor and Industry.

Proceeding under the Workmen's Compensation Law by Anna Monk, claimant, for the death of her husband, opposed by the Charcoal Iron Company of America, employer. The Depatment of Labor and Industry awarded compensation, and the employer brings certiorari. Award affirmed.

Argued before the Entire Bench, except FEAD, J.

A. L. Sayles, of Newberry, for plaintiff.

Derham & Derham, of Iron Mountain, for defendant.

McDONALD, J.

The defendant seeks by certiorari to review an award of the department of labor and industry guaning compensation to the plaintiff and her children as dependents of John Monk, deceased.

The plaintiff is the widow of the deceased. It is her claim that his death resulted from an accidental injury while employed by the defendant in operating a revolving steam crane. The crane was on a flat car and was used for handling logs. The boiler, levers, etc., were inclosed in the cab of the crane located on one end of the flat car. A steam pipe projected over the end. While moving the car to a coal dock, this steam pipe came in contact with a charcoal buggy and was broken off. A dense cloud of escaping steam immediately enveloped the decedent, who was in the cab. The boiler was carrying a capacity load of steam, and, fearful of an explosion, he attempted to pull the fire from under it. He had a weak heart, and it is claimed that because of the shock and excitement, due to the sudden escape of the steam and the fear of an explosion, he became physically unable to put out the fire. He called a fellow workman to assist him, then got out of the cab, and sat down on a log apparently much exhausted. In a few minutes he got into his automobile and drove home. After dinner he rested awhile before driving back to the place where he was employed. He remained there for a few minutes, then returned to his home. Arriving there, he rested in bed for two hours. After he arose, he attempted to do some work in mending a chair, but complained of feeling ‘done for.’ A few minutes later he dropped dead. This was about 4 o'clock in the afternoon. The accident happened at 11:30 a. m. A claim for compensation was made. The defendant denied liability on the ground that there was no accident and no injury and no causal connection whatever between decedent's death and his employment. On the hearing, the commission decided against this contention and filed an award for compensation in the sum of $14 per week for 300 weeks.

The principal question involved is whether the decedent suffered an accidental personal injury arising out of and in the course of his employment with the defendant, and whether such injury was the cause of his death.

It is undisputed that for a considerable period prior to the accident the decedent had been afflicted with a heart ailment. He was able to do the work at which he was employed in the ordinary and normal way, but had been told by his family physician not to exert himself. On the morning of the accident he went to work as usual, showing no signs of weakness or sickness until after the breaking of the steam pipe. This was a sudden and unexpected occurrence. From his position in the cab the decedent could not see what had happened. He was afraid of an explosion and began to pull the fire from under the...