Oleksik v. City of Detroit
| Decision Date | 01 October 1934 |
| Docket Number | No. 27.,27. |
| Citation | 256 N.W. 600,268 Mich. 697 |
| Parties | OLEKSIK v. CITY OF DETROIT. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Department of Labor and Industry.
Proceeding under the Workmen's Compensation Act by Ludwig Oleksik, alleged employee, opposed by the City of Detroit, alleged employer. From an award of the Department of Labor and Industry granting compensation, alleged employer appeals.
Order vacated.
Argued before the Entire Bench.
John Atkinson, Asst. Corp. Counsel, of Detroit (Raymond J. Kelly, Corp. Counsel, of Detroit, of counsel), for appellant.
Charfoos & Gilbert, of Detroit, for appellee.
This is an appeal from an order of the Department of Labor and Industry granting plaintiff compensation at the rate of $12.80 per week. Appellant's brief does not contain a statement of the questions involved, as required by rule 67, Michigan Court Rules 1933. We quote the statement of facts from appellant's brief:
Appellant says the case is controlled by Vaivida v. City of Grand Rapids, 264 Mich. 204, 249 N. W. 826, 88 A. L. R. 707, and appellee says McLaughlin v. Antrim County Road Commission, 266 Mich. 73, 253 N. W. 221, is controlling, both of which cases are so recent that we refrain from quoting from either. We have examined the facts and agree with appellant that the Vaivida Case is controlling. See, also, Davenport v. City of Detroit (Mich.) 256 N. W. 354, decided September 18, 1934.
The order is vacated, with costs to appellant.
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...compensation until further order. It will be noted that in the Vaivida and succeeding cases to like effect, Oleksik v. City of Detroit, 268 Mich. 697, 256 N.W. 600;Davenport v. City of Detroit, 268 Mich. 374, 256 N.W. 354;Cody v. City of Negaunee, 270 Mich. 336, 259 N.W. 118;Wagner v. Welfa......
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