State ex rel. Kilgore v. Industrial Commission

The commission’s assertion in its entry in the Croy case that the common pleas court had decided that the ‘ ‘ claimant was not in the employ of Thew & Askins” has no legal justification in view of the petition’s allegation, confessed by the demurrer to be true, that Thew had been dismissed from the case before trial. Whether Croy had been employed by Thew was not determined by the verdict of the jury, as the cause proceeded against Askins alone.

Many of the features presented in these cases, some of which are reargued, have been authoritatively decided in the following reported cases: State,…