Whipp v. Industrial Commission

By the Court.

The basis for the reversal by the Court of Appeals was “the overruling of motion for a new trial upon the ground that the admission in evidence of statement made by deceased employee to a fellow workman subsequent to claimed injury as to fact of such injury was erroneous which error was not cured by the cross-examination of the fellow employee relating to same subject-matter. Bake v. Industrial Commission, 135 Ohio St., 627, followed.”

In the syllabus of the Bake case, supra, decided July 12, 1939, this court made the following restatement of the settled rule:

“The admissibility of…