State Ex Rel. Schoedinger v. Lentz

The question presented for our determination is whether decedent was wounded “while in the performance of his duty” within the meaning of Section 44 (A) of the rules and regulations of the Board of Trustees of the Police Belief Fund of the city of Cincinnati. If the question is answered in the affirmative the widow and minor children are entitled to share in the pension fund; otherwise not.

Determination of the question therefore resolves itself into one of construction of the phrase “while in the performance of his duty” as contained in Section 44 (A) of the rules and regulations governing…