Dehart, Admx. v. Ohio Fuel Gas Co.

In this action for the wrongful .death of plaintiff’s decedent, Edwin C. DeHart, a judgment for $12,000 against the defendant, The Ohio Fuel Gas Company, was the occasion for this appeal on questions of law.

From the facts alleged in the pleadings and those later established in the trial, it appears that in the summer of 1930 DeHart was employed by a contractor who was engaged in paving several streets in the village of Crestline, Ohio. In preparation for the paving, a power shovel was used in grading the streets. As the shovel scooped up the earth and swung it over the haul-away trucks, it…