Weaver v. General Motors Corp. AC Spark Plug Division, 48

• Decision Date: 14 May 1951
• Docket Number: No. 48,48
• Citation: 47 N.W.2d 665,330 Mich. 404
• Parties: WEAVER v. GENERAL MOTORS CORP. AC SPARK PLUG DIVISION.
• Court: Michigan Supreme Court

Page 665

47 N.W.2d 665

330 Mich. 404

WEAVER v. GENERAL MOTORS CORP. AC SPARK PLUG DIVISION.

No. 48.

Supreme Court of Michigan.

May 14, 1951.

Henry M. Hogan, Detroit (R. V. Hackett, G. W. Gloster and E. H. Reynolds, all of Detroit, of counsel), for defendant and appellant.

M. Bushnell Trembley, Flint, for plaintiff and appellee.

Before The Entire Bench, except BUTZEL, J.

DETHMERS, Justice.

Plaintiff was employed as an inspector on the assembly line in one of defendant's plants. That plant and other buildings owned by defendant were situated on premises which were entirely enclosed by a high wire fence through which passage was possible by means of certain gates. Employees were permitted to enter and leave the permises only through those gates. They were required to show badges to plant protection men at the gate before entering. When leaving the premises employees were required to have a pass. As stated in the commission's opinion, and by defendant in its brief: 'Persons leaving the company property, including all employees, are subject to inspection by a watchman at the gate to see if persons leaving have anything that belongs to the company. It was impossible for the plaintiff to leave the premises without passing through one of the gates and submitting to inspection by a watchman.'

On the day in question and at the end of her shift plaintiff left her job on the assembly line, went to the time clock and punched it, promptly left the plant in which she worked, and walked over a usual, customary, direct and permitted route toward the gate through which she intended to make her exit from defendant's premises after passing inspection by defendant's watchman. Before reaching the gate she slipped, fell, and sustained an injury. From an award of compensation and medical expense to plaintiff, the defendant appeals.

Did plaintiff's injury arise out of and in the course of her employment?

Plaintiff relies on Brink v. J. W. Wells Lumber Co., 229 Mich. 35, 201 N.W. 222, in which an employee sustained an accidental injury while going from work and in which this Court seems to have predicated liability for compensation on the fact that the employee was injured while still on the employer's premises. Before the commission this defendant urged that the Brink case has been overruled by Daniel v. Murray Corporation of America, 326 Mich. 1, 39 N.W.2d 229; Hickman v. City of Detroit, 326 Mich. 547, 40 N.W.2d 722; and State Treasurer v. Kaiser-Frazer Corporation, 326 Mich. 715, 40 N.W.2d 776. That contention the commission rejected, saying that in none of thoes cases was the Brink case expressly overruled. It is to be noted, however, that in the Hickman case we specifically mentioned the Brink case and, in considering the effect thereon of our decision in the Daniel case, said concerning the latter that: 'The majority opinion in effect rejected the claim that any significance could properly be attached to the fact that the accident and injury occurred on the employer's premises.' [326...