Metropolitan Concrete Co. v. Vitale

OPINION

By McGILL, j.

Counsel for both parties have submitted able and exhaustive briefs in which are cited many decisions of the courts of Ohio and other jurisdictions. From a perusal of these cases it may be said that the courts are in harmony as to the .general principle involved, namely, that in order to hold the master liable the servant must at the time of the injury be in the course of his employment. The difficulty lies in the application . of the rule to a particular set of facts.

In the case of The Lima Railway Company v Little, 67 Oh St 91, (1902), it is said by Crow, J, at page 100:

“T…