Spicer Manufacturing Co. v. Tucker

The operative facts are not greatly in dispute. The decisive and interesting question of law presented for the consideration of this court is whether, under the combination of circumstances in this case, the death can be said to have resulted from an accidental physical injury occasioned in the course of employment, i. e., arising out of or in the course of employment.

In attempting to reach a proper conclusion it should be helpful to carefully re-examine the pertinent wording of the Constitution, the statute and the case law of Ohio.

The phrase employed by Article II, Section 35, of the…