Penny v. Cincinnati St. Ry. Co.

OPINION

By MATTHEWS, J.

This is an appeal from the finding of the Industrial Commission in -favor of The Cincinnati Street Railway Company, a self-insurer under the provisions of the Workmen’s Compensation Law, that the death of Jonas Pittman, an employee, did not result from an injury occasioned in the course of his employment.

A jury was waived. At the threshold of the trial the competency of certain evidence offered before and excluded by the commission is presented.

The claim is that Jonas Pittman, while employed by The Cincinnati Street Railway Co., suffered a hernia' on June 24, 1929,…