Caldwell v. Industrial Commission

OPINION

By LAMNECK, J.

On December 18, 1944, the Industrial Commission of Ohio on rehearing disallowed the claim of the plaintiff in this action for the death of her husband which occurred on January 7, 1942 on the ground “that the death of the decedent was not the result of an injury sustained in the course of and arising out of his employment.”

To that finding she perfected an appeal to this court. At the close of all the evidence presented at the trial, both parties filed a motion for a directed verdict which requires the court to decide the issues as a matter of law without the intervention…