Parletto v. Industrial Commission

Defendant was content to rely upon its demurrer without having first filed a motion to the petition and without answering and going to trial upon the petition after the demurrer had been overruled.

As we said^ in the case of Goodman v. Industrial Commission, 135 Ohio St., 81, 82, 19 N. E. (2d), 508, and repeated in other cases:

“It hardly seems necessary to remark that in cases of this general type the peculiar facts of the individual case are largely controlling.”

While, as stated by the Court of Appeals, the petition is subject to criticism, it cannot be said with finality that it does not…