Industrial Commission of Ohio v. Cherry

Ohio Supreme Court

Industrial Commission of Ohio v. Cherry

155 N.E. 865, 115 Ohio St. 700, 115 Ohio St. (N.S.) 700, 1926 Ohio LEXIS 323

CourtOhio Supreme Court

DecidedMay 11, 1926

Docket19417

StatusPublished

This text of 155 N.E. 865 (Industrial Commission of Ohio v. Cherry) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Industrial Commission of Ohio v. Cherry, 155 N.E. 865, 115 Ohio St. 700, 115 Ohio St. (N.S.) 700, 1926 Ohio LEXIS 323 (Ohio 1926).

Pincite

Opinion

The court of common pleas directed a verdict for the defendant upon the ground that the accident did not arise in the course of decedent’s employment. The Court of Appeals reversed the judgment of the court of common pleas upon the ground that the trial court erred in directing a verdict for the defendant. That the decedent was injured in the course of his employment was an essential element of fact necessary for the plaintiff to establish.

Since the record contains evidence tending to support the allegations of the petition upon this point, the judgment of the Court of Appeals reversing the judgment of the court of common pleas must be affirmed.

Judgment affirmed.

Marshall, C. J., Jones, Matthias, Day, Allen, Kinkade and Robinson, JJ., concur.

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The court of common pleas directed a verdict for the defendant upon the ground that the accident did not arise in the course of decedent’s employment. The Court of Appeals reversed the judgment of the court of common pleas upon the ground that the trial court erred in directing a verdict for the defendant. That the decedent was injured in the course of his employment was an essential element of fact necessary for the plaintiff to establish.

Since the record contains evidence tending to support the allegations of the petition upon this point, the judgment of the Court of Appeals reversing the judgment of the court of common pleas must be affirmed.

Judgment affirmed.

Marshall, C. J., Jones, Matthias, Day, Allen, Kinkade and Robinson, JJ., concur.

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Bluebook (online)

155 N.E. 865, 115 Ohio St. 700, 115 Ohio St. (N.S.) 700, 1926 Ohio LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-commission-of-ohio-v-cherry-ohio-1926.