Waites v. Briggs Mfg. Co.

Decision Date21 May 1937
Docket NumberNo. 104.,104.
Citation280 Mich. 185,273 N.W. 441
PartiesWAITES v. BRIGGS MFG. CO. et al.
CourtMichigan Supreme Court

OPINION TEXT STARTS HERE

Appeal (in Nature of Certiorari) from Department of Labor and Industry.

Proceeding under the Workmen's Compensation Law by Ellen Waites, claimant, opposed by the Briggs Manufacturing Company, employer, and the AEtna Casualty & Surety Company, insurance carrier. From an award of compensation, the employer and insurance carrier appeal.

Award vacated.

Argued before the Entire Bench.

Kerr, Lacey & Scroggie, of Detroit, for appellants.

S. Gerard Conklin, of Detroit, for appellee.

SHARPE, Justice.

This is an appeal by defendants from an award of compensation made to plaintiff. The facts in so far as they pertain to the happening of the claimed accident are not in dispute.

On January 2, 1936, plaintiff was employed as a bench worker in the sewing room in the Meldrum plant of the defendant Briggs Manufacturing Company. Her work consisted of tying threads on inside automobile door panels while seated at a table. These inside door panels were made of cardboard with cloth sewed on them, and each panel weighed from three and a half to four pounds. It was the duty of anotehr employee to lift the panels from a conveyor and give them to the women tying threads. Occasionally, when the fellow employee was absent and the women were in need of more panels, they would get up from their chairs, pick up several panels from the conveyor, and return to their places. At about 11 a. m., on the morning of January 2, 1936, plaintiff was in need of more panels. She picked up six panels from the stock on the floor, walked to her chair, a distance of from eight to ten feet, and as she lifted them to the table she felt a pain in her back, with resulting injuries.

Plaintiff claims that she had frequently picked up four panels, but this was the first time she had ever picked up six panels, and that the injury she sustained was the result of an unusual and unexpected happening not to be looked for in the usual and ordinary method of performing her duties as a bench worker.

We have held that a workman did not sustain an accidental injury within the meaning of the Workmen's Compensation Law (Comp.Laws 1929, § 8407 et seq., as amended) when it appeared that he was injured while lifting or carrying an object and that such injury was not brought about by an unexpected event. In Marlowe v. Huron Mountain Club, 271 Mich. 107, 260 N.W. 130, 131, we said: Plaintiff was a strong and apparently able-bodied and reliable man and to the casual observer appeared in good health. In accepting and delivering these mail sacks, he was doing and performing the precise services he desired and intended to do. The manner of handling these mail sacks was in plaintiff's discretion. There is no proof he stumbled, slipped, fell, or suffered any undue or unexpected strain, or did anything which compelled him to make unexpected or violent movements due to any miscalculation or chance on his part. He received no blow, jar, or shock of any...

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9 cases
  • Sheppard v. Michigan Nat. Bank
    • United States
    • Michigan Supreme Court
    • June 10, 1957
    ...Mountain Club, 271 Mich. 107, 260 N.W. 130; Williams v. National Cash Register Co., 272 Mich. 553, 262 N.W. 306; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441; Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869. Arnold was also followed by allurements, as i......
  • Hagopian v. City of Highland Park
    • United States
    • Michigan Supreme Court
    • May 13, 1946
    ...is not entitled to an award of compensation. Williams. v. National Cash Register Co., 272 Mich. 553, 262 N.W. 306;Waites v. Briggs Mfg. Co., 280 Mich. 185, 273 N.W. 441;Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869.’After the occupational disease amendment was adopted b......
  • Putnam v. Beechler
    • United States
    • Michigan Supreme Court
    • December 2, 1941
    ...an accidental injury is well settled by many decisions of this court. Clifton v. Chrysler Corporation, supra; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441;Williams v. National Cash Register Co., 272 Mich. 553, 262 N.W. 306;Hooks v. City of Wyandotte, 278 Mich. 232, 270 N.......
  • Schlange v. Briggs Mfg. Co.
    • United States
    • Michigan Supreme Court
    • January 9, 1950
    ...Cash Register Co., 272 Mich. 553, 262 N.W. 306; Allen v. Wolverine Express, Inc., 279 Mich. 621, 273 N.W. 291; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441; and Nagy v. Continental Die Casting Co., 283 Mich. 162, 277 N.W. 869. On the contrary, the authorities cited, supra......
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