HOWARD v. CITY OF DETROIT

Calendar No. 6, Docket No. 50,803.

377 Mich. 102 (1966)

139 N.W.2d 677

HOWARD v. CITY OF DETROIT.

Supreme Court of Michigan.

Decided February 8, 1966.


Attorney(s) appearing for the Case

Atlas, Rowe & Talon (Seymour H. Rowe, of counsel), for plaintiff.

Manuel Zechman and Don D. Cramer, for defendant.


O'HARA, J.

On our leave granted, plaintiff appealed a denial of benefits under the workmen's compensation act.1 The two-to-one divided opinion held his accidental injury did not arise out of and in the course of his employment.

The majority view is succinctly stated as follows:

"The Supreme Court has consistently held that, as a general rule, an injury to an employee while merely

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