Prager v. State ex Bettman

Ohio Court of Appeals

Prager v. State ex Bettman

13 Ohio Law. Abs. 128, 1932 Ohio Misc. LEXIS 1073

CourtOhio Court of Appeals

DecidedSeptember 26, 1932

DocketNo 4032

StatusPublished

Cited by1 cases

This text of 13 Ohio Law. Abs. 128 (Prager v. State ex Bettman) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prager v. State ex Bettman, 13 Ohio Law. Abs. 128, 1932 Ohio Misc. LEXIS 1073 (Ohio Ct. App. 1932).

Pincite

Opinion

ROSS, PJ.

The findings and award of the Industrial Commission were attached to the petition and present a prima facie case of liability. The evidence, exclusive of such findings, wholly fails to substantiate the claim of the Commission imposing liability upon plaintiff in error.

There is also in evidence a claim made by Haders before the. Commission, which, while the date is different, evidently refers to the injury in question. In this application for compensation Haders makes oath that one Roth was his employer.

We find the verdict of the jury manifestly against the weight of the evidence, and were it not for the probative value of the findings and award of the Commission, would render judgment for the plaintiff in error. As it is, the judgment of the Court of Common Pleas must be reversed, and the cause remanded for a new trial.

HAMILTON and CUSHING, JJ, concur.

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