Ohio Supreme Court, 1933

Industrial Commission v. Gotshall

Industrial Commission v. Gotshall
Ohio Supreme Court · Decided October 25, 1933 · Weygandt, Allen, Stephenson, Bevis, Zimmerman
188 N.E. 5; 127 Ohio St. 295; 127 Ohio St. (N.S.) 295; 39 Ohio Law Rep. 649; 1933 Ohio LEXIS 290 (North Eastern Reporter)

Industrial Commission v. Gotshall

Opinion of the Court

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same is hereby, affirmed for the reason that the record contains some evidence that the injury to claimant’s decedent aggravated or accelerated the cancerous condition from which decedent died; there being such evidence in the record it was error for the trial court to refuse to give to the jury before argument the special requests to charge dealing with an aggravation of a preexisting condition.

Judgment affirmed.

Weygandt, C. J., Allen, Stephenson, Bevis and Zimmerman, JJ., concur.

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