Battistelli v. Connohio, Inc.

I am unable to agree with *651that portion of the opinion which holds that the defendants are estopped by their requests to charge to claim now that the issue under § 7423 should not have been submitted to the jury but should have been decided by the court as a matter of law. It is true that they requested a charge to the effect that the question whether the work in which the plaintiff was engaged was a part or process of the defendants’ business was one for the jury to decide and that in passing upon it the jury should apply the test whether it was work which the defendants’ own employees would…