Legal Opinion · Dissent

Davis v. Goodyear Tire & Rubber Co.

Ohio Supreme Court

Decided February 4, 1959No. 35536Published

1DissentTaft, J.

On the evidence in this record, a jury could reasonably find that plaintiff was physically injured as a proximate result of a hazard of his employment (see McNees v. Cincinnati Street Ry. Co., 152 Ohio St., 269, 89 N. E. [2d], 138), which was greater than that to which members of the general public are ordinarily subjected (see paragraphs three and four of the syllabus of Malone v. Industrial Commission, 140 Ohio St., 292, 43 N. E. [2d], 266), that is, the hazard of injury from the heavy physical exertion required “in the performance of his work.” It does not appear however that there is any…

2Cases cited16 opinions

  1. McNees v. Cincinnati Street Ry. Co.Ohio Supreme Court · 1949
  2. Malone v. Industrial CommissionOhio Supreme Court · 1942
  3. Industrial Commission v. FrankenOhio Supreme Court · 1933
  4. Giguere v. E. B. & A. C. Whiting Co.Supreme Court of Vermont · 1935
  5. Renkel v. Industrial CommissionOhio Supreme Court · 1923

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