Manfroy v. Craig-Curtiss Co.

LEVINE, PJ:

We are cited to four decisions which the plaintiff claims support his contention that, while Foster was returning from his employed commission on his way home, he may still be regarded as in the scope of his employment.

The Industrial Commission of Ohio v Dense, 14 Oh Ap, 224.

Ford Admrx. v Pa poke, 26 Oh Ap 225.

State ex rel McCarthy Bros. Co. v District Court of Hennepin County (Minnesota) 169 N.W. 274.

Regan v John L. Kelly Contracting Company, (Mass.) 114 N.E. 726.

It is contended on the basis of these citations that the trial court cannot say as a matter of law that Foster while…