Legal Opinion

Drakulich v. Industrial Commission

Ohio Supreme Court

Decided June 12, 1940No. 28016PublishedCited by 38 opinions

1Opinion of the CourtHast, J.

Two questions are presented by the record in this case: (1) Were the affidavits of Dr. Schwarzell and Mr. McGuire properly admissible in evidence; and (2) was there sufficient evidence to establish a causal connection between the injury to decedent’s back and cancer of the liver which caused his death?

The affidavits in question were offered before the Industrial Commission in support of a motion to open the rehearing for additional evidence in support of claimant’s application. They were not offered as a part of the rehearing record. If, upon offer in rehearing, evidence had been rejected by…

2Cases cited7 opinions

  1. Davis v. StateCourt of Appeals of Maryland · 1873
  2. Kuhn v. BankerOhio Supreme Court · 1938
  3. Castanie v. United Railways Co.Supreme Court of Missouri · 1913
  4. Drew v. Industrial CommissionOhio Supreme Court · 1940
  5. Tullis v. RankinNorth Dakota Supreme Court · 1896

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3Cited by38 opinions

  1. State v. O'DellOhio Supreme Court · 1989
  2. Shumaker v. Oliver B. Cannon & Sons, Inc.Ohio Supreme Court · 1986
  3. Bradshaw v. Iowa Methodist HospitalSupreme Court of Iowa · 1960
  4. Hallworth v. Republic Steel Corp.Ohio Supreme Court · 1950
  5. McNees v. Cincinnati Street Ry. Co.Ohio Supreme Court · 1949

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