of Adrian is not a public officer, referring to Attorney General v. Cain, supra, it must be said that this decision goes only to the extent of holding that since in that city policemen were removable by the council at pleasure, it would be useless for the attorney general to institute proceedings to determine who was entitled to the position. Under these circumstances it was not such an office as would authorize the attorney general to file an information by quo warranto in this court to test the title to the position.

Being satisfied that a policeman is an appointive officer under the provisions of the charter of this city, required to take an official oath of office, which it appears was done in this case, it follows that he came within the exception in subdivision 1, § 7, pt. 1, Act No. 10, Public Acts 1912 (Extra Session 2d Ed. § 3945), and is not an employe, as defined by said act, and therefore does not come within its provisions. Any effort to enlarge the scope of this act should be addressed to the Legislature.

The decision of the Industrial Accident Board will be reversed, and the claim of the applicant is disallowed.

FIDELITY & CASUALTY COMPANY OF NEW YORK, Respondents and Appellants.

MASTER AND SERVANT-PERSONAL INJURIES-WORK MEN'S COMPENSATION ACT-INDUSTRIAL ACCIDENT BOARD.

Upon appeal from findings of the Industrial Accident Board determining that claimant received his injuries as claimed by him from a strain which he received in lifting, where there was evidence tending to support the finding of the board, the judgment must be affirmed. Act No. 10, Extra Session 1912 (2 How. Stat. [2d Ed.] § 3939 et seq.).

Certiorari to Industrial Accident Board. vember 13, 1914. Decided March 17, 1915.

Submitted No

Bert H. Grove presented his claim against the Michigan Paper Company for compensation to the Industrial Accident Board, which granted the award. Contestant and the Fidelity & Casualty Company of New York, its insurer, bring certiorari. Affirmed.

Charles H. Ruttle, for appellants.

Person, Shields & Silsbee, for appellee.

MOORE, J. This case is brought here by certiorari to the Industrial Accident Board. Mr. Grove claims that while he was in the employe of the Michigan Paper Company he received an accident which entitled him to compensation.

By proper proceedings the case found its way to the Indus

trial Accident Board, which affirmed that part of the award of the committee on arbitration, which established liability, but modified the amount of compensation allowed.

In its return to the writ of certiorari appears the following:

"The testimony taken on the hearing before the committee on arbitration was imperfectly taken and imperfectly transcribed; the testimony as actually transcribed, with the notes of the reporter showing omissions included, with the exception of qualifying questions being in narrative form, is hereto attached as Exhibit 4."

A finding of facts is returned which reads as follows:

"(1) The claimant, Bert Grove, was employed by one C. W. Breding of Plainwell, Mich., in February, 1913, and had worked for him for several months prior thereto as a blacksmith.

"(2) In March, 1913, the applicant, while so employed by said C. W. Breding, in the regular course of his duties shoeing horses, was suddenly jerked by one of the horses, causing a severe pain in the region of the groin. He continued to work for about two weeks and then went to see Dr. Stuck of Plainwell. Dr. Stuck gave him treatment and recommended that he see Dr. McNair of Kalamazoo. He went and saw Dr. McNair on April 5th, rested one day which was Sunday, and then returned to his regular work of horseshoeing, continuing such work until about July 1, 1913. During the month of July he was on his brother's farm spending his time in resting and fishing and was feeling well. The trouble caused by the jerk from the horse, which appears to have been an aneurysm, had practically disappeared.

"(3) On August 1, 1913, the applicant entered the employ of the Michigan Paper Company at Plainwell as a helper on the beaters at a wage of $2.00 a day; his duties being the lifting and moving of sacks of alum and sulphite and other material necessary in the manufacture of paper, such sacks varying in weight from 100 to 200 pounds. "(4) On September 15, 1913, claimant, while loading a truck with the sacks mentioned, sustained the alleged accident, for which compensation is claimed in the following manner: 'I had lifted quite a number, but the last two days I was here the man who worked with me was sick and I had to do the work for two men. I was loading the truck, and stooped down to get the alum, and pulled one sack like this (motioned), and then I reached down like this (motioned) to pick up another and I felt this artery give way, * and I sat down on

the floor.'

"(5) That the accident of September 15, 1913, caused a rupture of the femoral artery in the right leg, which immediately necessitated

claimant's giving up his duties and undergoing an operation which was performed on September 26, 1913, at Kalamazoo, Mich. The condition of the Aneurysm at the time of the operation was very serious, being a pulsating tumor about four to six inches in diameter."

It is the claim of the defendants that the condition of Mr. Grove is due to what happened at the blacksmith shop in February, 1913, and not to what happened September 15th, 1913; while it is the claim of Mr. Grove that he had recovered from the strain he received in the blacksmith shop, and that his present condition was due to what happened in September, 1913.

It has already appeared that all the evidence taken before the board, is not returned. It also appears there is testimony in the record tending to establish each of these theories. This being the situation disclosed we do not understand that we are to weigh these conflicting claims.

In Rayner vs. Sligh Furniture Company, 180 Mich. 168 (146 N. W. 665), JUSTICE KUHN speaking for the court, said: "There being evidence to support this finding of fact by the terms of the act, (part 3, section 12, Act No. 10, Public Acts, Extra Session, 1912), it becomes conclusive."

Counsel for appellants argue many interesting questions which we think it unnecessary to pass upon now.

The judgment of the Industrial Accident Board is affirmed with costs against appellants.

MASTER AND SERVANT-WORKMEN'S COMPENSATION INDUSTRIAL ACCI-
DENT BOARD
WAIVER.

STIPULATION-CONTRACTS-AMOUNT OF COMPENSATION

Where claimant and contestant agreed and stipulated, in order to avoid expense, that the Industrial Accident Board should consider a claim for compensation as a full board as if the questions had been arbitrated and decision reached, also stipulating that the deceased earned $19.50 weekly, of which he contributed $12 to claimant, and where evidence was introduced at the hearing before the board by the claimant, without relying upon the alleged stipulation, and the board made an order granting $6 a week for three hundred weeks, the order of the board will not be reversed on the theory that it was bound by the amounts stated in the stipulation. Act No. 10, Extra Session 1912 (2 How. Stat. [2d Ed.] § 3939 et seq.).

Certiorari to the Industrial Accident Board. Submitted January 14, 1915. Decided March 17, 1915.

Kate Vereeke presented her claim for compensation for the accidental death of David Vereeke while he was employed by the city of Grand Rapids. An order awarding compensation is reviewed by claimant upon certiorari. Affirmed.

Ellis & Ellis, for claimant.

R. M. Ferguson, for defendant.

MOORE, J. This is certiorari to the Industrial Accident Board, brought by Kate Vereeke as claimant against the city of Grand Rapids, for compensation for the death of her son, David Vereeke, who was killed while in the discharge of his