Vaccarello v. Republic Engineers, Inc.

N.D. Ohio

Vaccarello v. Republic Engineers, Inc.

1 Ohio Law. Abs. 324, 1923 WL 2032, 1923 Ohio Misc. LEXIS 1949

CourtDistrict Court, N.D. Ohio

DecidedFebruary 27, 1923

DocketNo. 11659

StatusPublished

This text of 1 Ohio Law. Abs. 324 (Vaccarello v. Republic Engineers, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vaccarello v. Republic Engineers, Inc., 1 Ohio Law. Abs. 324, 1923 WL 2032, 1923 Ohio Misc. LEXIS 1949 (N.D. Ohio 1923).

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Opinion

WESTENHAVER, J.

Epitomized Opinion

1. Plaintiff’s petition alleges that defendant regu larly employs more than five workmen, but does no1 allege whether it has or has not complied with the Workmen’s Compensation Law, so as to obtain th« immunity accorded by the Patten case (O. Sup. Ct June 14, 1921) and Toledo Cooker Co. case by an employer who has done so. But in absence of an affirmative averment to the contrary, it will be presumec that an employer doing business in Ohio, and subject to the law, has complied with rather than violated it.

2. In the Fleischman case, decided by the C. C. A, of this circuit, No. 7, 1922 (7 Abs. 179) it was held that these decisions were controlling on the federal courts and decisions of the court of appeals of this circuit to the contrary are no longer to be followed.

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WESTENHAVER, J.

Epitomized Opinion

1. Plaintiff’s petition alleges that defendant regu larly employs more than five workmen, but does no1 allege whether it has or has not complied with the Workmen’s Compensation Law, so as to obtain th« immunity accorded by the Patten case (O. Sup. Ct June 14, 1921) and Toledo Cooker Co. case by an employer who has done so. But in absence of an affirmative averment to the contrary, it will be presumec that an employer doing business in Ohio, and subject to the law, has complied with rather than violated it.

2. In the Fleischman case, decided by the C. C. A, of this circuit, No. 7, 1922 (7 Abs. 179) it was held that these decisions were controlling on the federal courts and decisions of the court of appeals of this circuit to the contrary are no longer to be followed.

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Bluebook (online)

1 Ohio Law. Abs. 324, 1923 WL 2032, 1923 Ohio Misc. LEXIS 1949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaccarello-v-republic-engineers-inc-ohnd-1923.