Industrial Commission v. Gotshall

Ohio Supreme Court

Industrial Commission v. Gotshall

188 N.E. 5, 127 Ohio St. 295, 127 Ohio St. (N.S.) 295, 39 Ohio Law Rep. 649, 1933 Ohio LEXIS 290

CourtOhio Supreme Court

DecidedOctober 25, 1933

Docket24102

StatusPublished

This text of 188 N.E. 5 (Industrial Commission v. Gotshall) 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 v. Gotshall, 188 N.E. 5, 127 Ohio St. 295, 127 Ohio St. (N.S.) 295, 39 Ohio Law Rep. 649, 1933 Ohio LEXIS 290 (Ohio 1933).

Pincite

Opinion

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same is hereby, affirmed for the reason that the record contains some evidence that the injury to claimant’s decedent aggravated or accelerated the cancerous condition from which decedent died; there being such evidence in the record it was error for the trial court to refuse to give to the jury before argument the special requests to charge dealing with an aggravation of a preexisting condition.

Judgment affirmed.

Weygandt, C. J., Allen, Stephenson, Bevis and Zimmerman, JJ., concur.

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It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same is hereby, affirmed for the reason that the record contains some evidence that the injury to claimant’s decedent aggravated or accelerated the cancerous condition from which decedent died; there being such evidence in the record it was error for the trial court to refuse to give to the jury before argument the special requests to charge dealing with an aggravation of a preexisting condition.

Judgment affirmed.

Weygandt, C. J., Allen, Stephenson, Bevis and Zimmerman, JJ., concur.

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Bluebook (online)

188 N.E. 5, 127 Ohio St. 295, 127 Ohio St. (N.S.) 295, 39 Ohio Law Rep. 649, 1933 Ohio LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-commission-v-gotshall-ohio-1933.