State ex rel. Reed v. Industrial Commission

Ohio Supreme Court

State ex rel. Reed v. Industrial Commission

31 Ohio Law Rep. 77

CourtOhio Supreme Court

DecidedJune 2, 1965

Docket38827

StatusPublished

This text of 31 Ohio Law Rep. 77 (State ex rel. Reed v. Industrial Commission) 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

State ex rel. Reed v. Industrial Commission, 31 Ohio Law Rep. 77 (Ohio 1965).

Pincite

Opinion

Zimmerman, Judge.

An employer who neither owns nor is responsible for the condition and maintenance of a device used by his employee in doing work for the owner thereof, which device as constructed is violative of a specific safety requirement imposed by law or by an order of the Industrial Commission, and the employee is injured in its use and because of its condition, such employer is not the “employer” comprehended by Section 35, Article II of the Constitution of Ohio, for whose disregard of a specific safety requirement the Industrial Commission is empowered to make an additional compensation award to the injured employee.

Judgment affirmed.

Taft, C. J., Matthias, O’Neill, Schneider and Brown, JJ., concur. Herbert, J., dissents.

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Zimmerman, Judge.

An employer who neither owns nor is responsible for the condition and maintenance of a device used by his employee in doing work for the owner thereof, which device as constructed is violative of a specific safety requirement imposed by law or by an order of the Industrial Commission, and the employee is injured in its use and because of its condition, such employer is not the “employer” comprehended by Section 35, Article II of the Constitution of Ohio, for whose disregard of a specific safety requirement the Industrial Commission is empowered to make an additional compensation award to the injured employee.

Judgment affirmed.

Taft, C. J., Matthias, O’Neill, Schneider and Brown, JJ., concur. Herbert, J., dissents.

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Bluebook (online)

31 Ohio Law Rep. 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-reed-v-industrial-commission-ohio-1965.