
    SWANTICK v. KELSEY HAYES WHEEL CORP.
    Master and Servant — Workmen’s Compensation Act — Fraud— Equity — Dismissal.
    Suit to set aside order of department of labor and industry-denying compensation for death of plaintiff’s husband, on ground that plaintiff was fraudulently induced to sign paper consenting to post-mortem examination on her husband’s body without being given reasonable opportunity to be represented there as required by rule of department, was properly dismissed, where it appears from department’s findings that there was ample proof, besides that revealed at post-mortem, to establish fact that death was not due to accident.
    Appeal from Wayne; Bell (Frank A.), J., presiding.
    Submitted April 14, 1932.
    (Docket No. 115, Calendar No. 36,441.)
    Decided June 6, 1932.
    Bill by Agnes Swantick against Kelsey Hayes Wheel Corporation and Department of Labor and Industry to set aside order denying compensation and grant a new hearing. Bill dismissed. Plaintiff appeals.
    Affirmed.
    
      Arthur P. Zirkaloso, for plaintiff.
    
      Kerr, Lacey & Scroggie, for defendant Kelsey Hayes Wlieel Corporation.
   Sharpe, J.

Plaintiff filed a claim with the department of labor and industry, alleging that her husband, Michael Swantick, “fell from truck striking his head on iron bench knocking him unconscious was rushed to hospital where he died on April 25, 1931, never regaining consciousness.” On hearing before a deputy commissioner, the claim was disallowed. On review before the commission, the finding of the deputy that death was not due to an accident was affirmed.

The plaintiff thereupon filed the bill of complaint herein, alleging that she was fraudulently induced “to sign a paper purporting to give her consent to the holding of a post-mortem examination upon the body of her husband;” that she was not given a reasonable opportunity to be represented at the post-mortem, as required by a rule of the department, and that the finding of the deputy and the department was unlawfully based thereon. In her prayer for relief she asked that the decision of the department be vacated and a new hearing ordered.

Defendants answered, and then filed a motion to dismiss. It appears in the findings of the commission that there was ample proof, besides that revealed at the post-mortem, to establish the fact that the death was not due to an accident. It follows that the reception of such proof, even if inadmissible, as claimed by plaintiff, was not sufficient to establish the charge of fraud.

The order dismissing the bill is affirmed, with costs to appellees.

Clark, C. J., and McDonald, Potter, North, and Wiest, JJ., concurred. Fead and Butzel, JJ., did not sit.  