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Adams V. Sebewaing Brewing Company

Sebewaing Brewing Company Posted on August 16, 2015 by Scott ThedeAugust 16, 2015

347 Mich. 265 (1956)

79 N.W.2d 483

ADAMS v. SEBEWAING BREWING COMPANY.

Docket No. 29, Calendar No. 46,861.

Supreme Court of Michigan.

Decided December 6, 1956.

Thomas R. McAllister, for plaintiff.

Warner & Hart (G. Kirk Haley, of counsel), for defendants.

*266 KELLY, J.

Plaintiff’s decedent obtained an award from the deputy commissioner under the workmen’s compensation act, which award was confirmed by the commission, on review. Defendants thereupon filed application for leave to appeal with the Supreme Court, and on October 7, 1954, an order was entered denying same. Plaintiff’s decedent, however, had died on June 23, 1954 (4 months prior to the order of the Supreme Court).

Gertrude L. Adams, as administratrix of decedent’s estate, brought action in the circuit court of Huron county to recover a judgment in accordance with the order and award when defendants failed to pay the award.[*] The lower court entered judgment for plaintiff. Defendants appeal.

The sole question in this case is: Under the workmen’s compensation act is the personal representative of an employee who dies pending an appeal entitled to collect the award?

In the case of Brandner v. Myers Funeral Home, 330 Mich 392, plaintiff was awarded compensation on June 14, 1950, by the commission and on July 10th defendants filed application for leave to appeal to the Supreme Court. This was allowed on September 12th. Plaintiff died on October 18, 1950, and a suggestion of death and prayer for substitution of the administrator of her estate as party plaintiff was filed in this Court by plaintiff’s attorneys on December 21, 1950. On December 22d this Court ordered that the cause be revived and proceed to final judgment in the name of the administrator, in the place of the deceased, as party plaintiff. The case was argued and submitted here on April 3, 1951. On April 5, 1951, defendants filed a motion in this Court to dismiss the entire proceedings for benefits under the workmen’s compensation act, claiming that they *267 abated with plaintiff’s death. Defendants in that case cited Stone v. Smith, 275 Mich 344; Holtz v. B.F. Keith Detroit Corp., 276 Mich 72; Hoffman v. Parker Monument Co., 290 Mich 394; and Nacey v. Utley, 295 Mich 266. This Court stated (p 395):

“In each of those cases an award had not yet been made by the commission at the time of the employee’s death. In opposing the motion, plaintiff relies on Stetu v. Ford Motor Co., 277 Mich 468; and Houg v. Ford Motor Co., 288 Mich 478, in which this Court held that compensation which accrued, under a commission award, prior to the employee’s death survives to his estate and is collectible by his personal representative. The distinction made in the 2 lines of cases would seem to revolve around the question of whether an award of compensation had or had not been made by the commission prior to the employee’s death. In the instant case the award of compensation by the commission antedated plaintiff’s death, bringing the case under the rule of the Stetu and Houg Cases. Accordingly, we hold, in the language of the Houg Case (p 482), that `The award of the department of labor and industry was operative up to the time of plaintiff’s death and is to that extent affirmed, and the amount accruing under such award may be paid to the administrator of plaintiff’s estate.'”

In accordance with the Brandner opinion, supra, we hold that the award of the commission is operative up to the time of plaintiff’s decedent’s death and to that extent is affirmed and the amount accruing under such award may be paid to the personal representative of said decedent’s estate.

Judgment affirmed, costs to appellee.

DETHMERS, C.J., and SHARPE, SMITH, EDWARDS, CARR, and BLACK, JJ., concurred.

BOYLES, J., took no part in the decision of this case.

NOTES[*] See CL 1948, § 413.13 (Stat Ann 1950 Rev § 17.187). REPORTER

Posted in Legal | Leave a reply

Past Obituary for Willard W. Heiman December 2, 1916 – October 14, 2005

Sebewaing Brewing Company Posted on August 15, 2015 by Scott ThedeAugust 16, 2015

Willard W. Heiman, 88, of Sebewaing, died unexpectedly on Friday, October 14, 2005, at his home.   He was born December 2, 1916 in Winsor Township, son of the late John and Flossie (Gregor) Heiman.

He was united in marriage to Alice M. Hoffman on July 28, 1941 in Napoleon, Ohio. She preceded him in death on February 18, 2002.

Willard had been employed on various farms in the Sebewaing area and then operated the Sebewaing hatchery. Later, he was a truck driver for the Sebewaing Brewing Company and then became a self-employed milk hauler for many years before retiring in 1982.   He was a member of Immanuel Lutheran Church in Sebewaing.   He was an avid golfer.

Surviving are one daughter, Lois and her husband, Thomas Dutcher, of Burton; three grandchildren and their spouses, Thomas and Catherine Dutcher, Kellie Dutcher, Daniel and Nikki Dutcher; four great-grandchildren, Christopher, Anthony, Matthew, and Avery; two sisters and their spouses, Millie and Walt Rosenthal, Florence and Clarence Otto, all of Pigeon; two brothers and their spouses, Raymond and Lois Heiman, of Dearborn, and J.C. and Pat Heiman, of Ohio; several nieces and nephews.

He was preceded in death by one son, James Heiman; two sisters, Gladys Stover and Winona Fritz.   The funeral service will take place at 11 a.m. on Wednesday, October 19, 2005, at Immanuel Lutheran Church. The Rev. Daniel Hahn will officiate with burial in the church cemetery.   Visitation will be from 7 to 9 p.m. on Monday and from 2 to 9 p.m. on Tuesday at the Dinkel-Juengel Funeral Home in Sebewaing. Willard will lie in state at the church from 10 a.m. on Wednesday until the time of service.

Those planning an expression of sympathy are asked to consider the American Cancer Society or American Heart Association.

Posted in Obituary | Leave a reply

Sugar Festival Parade Tribute

Sebewaing Brewing Company Posted on July 20, 2015 by Scott ThedeJuly 20, 2015

Scott M. Thede posted a question on July 16, 2015 in the Facebook Group “You know you are from Sebewaing, MI when …”.  He said:

“Throughout the 1970’s, the Sugar Festival Parade would start around 10:30am on Saturday morning and march East down East Main Street turning at my home next to the Sebewaing Brewing Company and finish on South 5th Street. A float with a band would stop directly in front of the vacant brewery buildings and play a tune in remembrance of it. What was that band’s name, member names, and what tune did they play?”

Here are the comments from the post:

Jim N Connie Bunke The Pickle Band? They still play in front of the vacant plot every year. Um, it is a tune I should be able to give a name to.

Scott M. Thede Thank you Connie!

Jim N Connie Bunke I am not sure about the group’s name though. upset emoticon I’m sure someone knows.

Mark W Rummel I didn’t know that, but I LOVE the tradition. Great question, Beer Man Scott. Thanks!

Arlene Nimtz Schweitzer What about the oink ‘s.. they had a band??

Lynn Zuzga i am sure it was the oink band

Jim N Connie Bunke Mark, for as long as Jim & I have lived in Sebewaing (’78, ’79) that has been in the parade. I wasn’t sure about the band’s name. Thanks!

Pricilla Tietz Pretty sure it’s Onik. They play in the parade every year (including this one).

Dawn Mcgowan-Hartman The Pickle band has disbanded. I am sure it was the OINKS

Carol Sattler Did they play “Roll Out the Barrel?”

Jim N Connie Bunke I thought a funeral type song?

Jerry Deeg They always played TAPS when I went to the parade!

Jim N Connie Bunke THAT’S IT! Again, thanks!

Scott M. Thede Thank you all. I am gathering from the comments that the band name is the OINKS and the tune is TAPS.

Mark W Rummel Playing “Taps” for the brewery works two ways, of course… remembering the closing of the brewery and remembering beer taps. Nicely done!

Dave Childs I’VE MARCHED THAT ROUTE IN JR & SR BANDS & NEVER NEW OR HEARD OF THAT, COOL.

Amy Wojciechowski We always sat at the brewery location and the highlight of the parade was TAPS! I didn’t understand nor appreciate it until I was older.

David Eberlein Sr. Most likely the Oinks Band

Bob Fournier Oinks Dick Juengel Miles Miller and the boys played. Pickle in Unionville was the last sponsor. He or warren J would know them all.

Thank you to all of those who took the time to comment in Facebook.

Posted in Facebook Sebewaing Group | Leave a reply

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