Gildersleeve v. Newton Steel Co.
Ohio Supreme Court
Ebrob to the Court of Appeals of Trumbull county. This was an action for damages brought by Crildersleeve, as plaintiff, against the Newton Steel Company.
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Ebrob to the Court of Appeals of Trumbull county. This was an action for damages brought by Crildersleeve, as plaintiff, against the Newton Steel Company. In his amended petition G-ildersleeve alleged that on the day he was injured, May 16, 1921, he was employed by the steel company in the capacity of foreman in one of its mills; that among his duties was that of supplying certain employes with tongs for the purpose of handling steel that was being run through the rolls of the mill; that the steel company kept a supply of such tools in a closet in its plant, the door of which was equipped…
1Opinion of the CourtJones, J.
It is conceded by tbe pleadings that the steel company had fully complied with the provisions of the Workmen’s Compensation Act. Such being true, the plaintiff below, under Section 1465-76, General Code, cannot sue his employer unless it had failed to comply with a lawful requirement or the injury had arisen from the willful act of such employer or of its officers or agents. It would be a work of supererogation in this case to define the terms “willful act” or “willful negligence,” as applied ordinarily in cases of negligence. Suffice it to say that this court has fully determined the quality…
2Cases cited1 opinion
- Holt v. StateOhio Supreme Court · 1923
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