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Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Michigan Law Review
Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …
Municipal Corporations-Liability For Negligence In Maintenance Of Swimming Pools And Parks-Governmental And Proprietary Functions
Michigan Law Review
The plaintiff sued to recover damages for the death of his son by drowning, which he alleged was caused by the negligence of the defendant city in the maintenance of a public swimming pool. In upholding the overruling of the defendant's demurrer, the court held that on the authority of an earlier South Dakota case, the maintenance and operation of a public swimming pool or park is the exercise of a proprietary function of the municipality, and therefore, the city is liable for the negligence of its servants in maintaining and guarding the pool. Glirhas v. City of Sioux Falls …
Administrative Law-Operation Of Federal Statute Creating Presumption Against Suicide In Compensation Cases
Michigan Law Review
A carpenter making repairs nearby, hearing a sharp report followed by groans, found plaintiff's husband lying upon the floor. He died without recovering consciousness from a bullet wound through the breast. The pistol to which the fatal bullet was traced lay in a partly closed drawer which was spattered with blood as was the counter near by. The ejected shell lay some feet away in the position where it would be found had the pistol been discharged directly in front of deceased's breast. There were powder burns on his clothes. Contradictory evidence of deceased's mental state was adduced toward the …
Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy
Michigan Law Review
Testator had incurred losses on contracts for the sale of corn due to a conspiracy and "corner" of the market by defendants. He sued at law to recover treble damages under the Sherman Anti-Trust Act for an "injury to property." Pending the appeal, testator died, and his administrators on petition were substituted in his stead. Defendants claimed that the cause of action, which was in tort, abated upon testator's death and did not survive. Held, on the basis of the statute, 4 Edw. III, c. 7, which was to be considered part of the common law and which did …