Miller v. Spicer Mfg. Co.

159 Ohio St. (N.S.) 571
CourtOhio Supreme Court
DecidedJune 3, 1953
DocketNo. 33345
StatusPublished

This text of 159 Ohio St. (N.S.) 571 (Miller v. Spicer Mfg. Co.) 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
Miller v. Spicer Mfg. Co., 159 Ohio St. (N.S.) 571 (Ohio 1953).

Opinion

Per Curiam.

It is apparent from the order of the Industrial Commission, quoted in plaintiff’s petition, that the claim plaintiff is now presenting is for a new and distinct injury, for which no application for compensation was made within the two-year period prescribed by Section 1465-72», General Code.

The trial court was correct in sustaining the demurrer and rendering judgment for defendants. The reversal of that judgment by the Court of Appeals was error. State, ex rel. Bernhardt, v. Industrial Commission, 127 Ohio St., 582, 190 N. E., 224, approved and followed, and Kaiser v. Industrial Commission, 136 Ohio St., 440, 26 N. E. (2d), 449, overruled.

The judgment of the Court of Appeals is reversed and that of the Court of Common Pleas affirmed.

Judgment reversed.

Weygandt, C. J., Middleton, Taft, Matthias, Hart, Zimmerman and Stewart, JJ., concur.

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Related

State, Ex Rel. v. Indus. Comm.
190 N.E. 224 (Ohio Supreme Court, 1934)
Kaiser v. Industrial Commission
26 N.E.2d 449 (Ohio Supreme Court, 1940)

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Bluebook (online)
159 Ohio St. (N.S.) 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-spicer-mfg-co-ohio-1953.