Postel v. Industrial Commission
Postel v. Industrial Commission
Opinion of the Court
Defendant concedes that there existed a direct and proximate causal relationship between the injury and death and that the injury was received in the course of employment. Defendant contends, however, that the accidental injury did not arise out of decedent’s employment, that the evidence on that issue was insufficient to present a jury question, and that therefore the trial court properly directed a verdict.for the defendant. With that contention, this court is in accord.
The record contains no evidence showing a circumstance of activity, condition, or environ
“The place where he was standing was a greasy, slippery brick floor, and he might easily have slipped. Whether he slipped, or whether the fall and the death were due to bodily ailments, was not clearly shown. That is the question which the jury had to decide # # >*
“Without intending to recede in the least from the principle which was declared in Industrial Commission v. Weigandt, 102 Ohio St., 1, 130 N. E., 38, that the employment must have some causal connection with the injury, we are of opinion that there was testimony from which the jury might reasonably infer that the deceased had slipped on the greasy floor. This court will not substitute its judgment for that of the jury in such cases, nor invade its province.” (Emphasis supplied.)
The factual situation in the instant case falls within the rule expressed in the case of Eggers v. Industrial Commission, 157 Ohio St., 70, 104 N. E. (2d), 681. The mere fact that in the instant case the record discloses the character of the work performed by de
Plaintiff has failed to produce evidence of a causal relation between the employment and the injury sufficient to justify a submission of the issue to the jury.
The judgment of the Court of Appeals is reversed and that of the Court of Common Pleas affirmed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.