# Sheppard v. Michigan National Bank

> Michigan Supreme Court · June 10, 1957 · 348 Mich. 577

URL: https://www.frixlaw.com/law-library/cases/9668587

## Case

- **Full name:** Sheppard v. Michigan National Bank
- **Court:** Michigan Supreme Court
- **Decided:** June 10, 1957
- **Citations:** 348 Mich. 577; 83 N.W.2d 614; 1957 Mich. LEXIS 452
- **Precedential status:** Published
- **Opinion:** Concurrence by Kelly
- **Judges:** Black, Caer, Carr, Dethmers, Edwards, Kelly, Sharpe, Smith, Voelker
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9668587

## Opinion text

Kelly, J.
(concurring). Beltinck v. Mt. Pleasant State Home and Training School, 346 Mich 494 (September, 1956), presented only one question, namely: “Was the injury sustained by plaintiff an accidental injury compensable under part 2 of the workmen’s compensation act?”
In writing to affirm the award of the commission (award affirmed by divided court) I defined the term accident as used in the compensation act, as follows:
1. The expression “accident” is used in the popular and ordinary sense as denoting an unlooked for mishap or an untoward event which is not expected or designed.
2. The word “accident” denotes something unexpectedly taking place not according to the usual course of things; an unusual or unexpected result attending the operation or performance of a usual or necessary act or event; something happening by chance; a mishap.
*634 3. The statute contemplates that an accidental injury may result by mere mischance; that accidental injury may be due to carelessness, not wilful, to fatigue, and to the effect of voluntary action.
I reiterate in this opinion what I stated in the Beltinclc Case, supra, and believe that the principles there set forth are re-established in the present appeal, as disclosed by the following quotations from opinions filed by 4 of my associates:
Justice Black : “The word ‘accident,’ as employed in the workmen’s compensation act, means ‘an unexpected result attending the operation or performance of a usual or necessary act or event.’ ”
Chief Justice Dethmers: “I would affirm the award, with costs to plaintiff, on the ground that she has suffered a disability resulting from a personal injury which arose out of and in the course of her employment and which, therefore, should be held to be compensable under the 1943 amendment, even though not occasioned' by accident or fortuitous event.” ■
Justice 'Edwards : “There is no longer a requirement that ‘an accident’ or ‘a fortuitous’ event (this Court’s previous definition of ‘accident’) be proven as a condition precedent for recovery of workmen’s compensation for a single-event personal injury which arises out of and during the course of employment.”
Justice- Smith : “If the result was unanticipated and unexpected the result-was as ‘accidental’ in legal effect as in ordinary speech. * * * The act authorizes ■ compensation for accidents suffered at work, and the word ‘accident,’ after the 1943 amendments, comprehending a personal injury due to a *635 single event, includes both the unexpected cause and the unexpected result.”
Affirmed. Costs to appellee. ■
Voelker, J., took no part in the decision of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9668587. Public record. Not legal advice.