McNees v. Cincinnati Street Railway Co.

OPINION

By HILDEBRANT, J.:

This is an Industrial Commission case, in which the dependent widow’s claim was denied by the Commission, for the reason “That the claim be disallowed on rehearing for the reason that the claimant has failed to prove by the preponderance of the evidence that the decedent’s death was the result of an injury sustained in the course of, and arising out of employment with the employer named herein.”

On appeal to the Common Pleas Court the following interrogatory was propounded to the jury:

“Was the cause of Taylor McNees’ death, the mental strain and excitement of the…