Bisch v. Ralston Steel Car Co.

Citations

• 16 Ohio N.P. (n.s.) 33
• 1914 Ohio Misc. LEXIS 121

Syllabus

<p>Master and Servant — Liability for Negligence on the Part of a Fellow-Servant — Where the Master Has Not Paid Into the State Insurance Fund — Assumption of Rish and Contributory Negligence Distinguished — When the Decision vf a Higher Court Must be Regarded as a Precedent.</p> <p>The provision of Section 1465-60 of the workmens’ compensation law, that employers “shall be liable to their employees for damages suffered by reason of personal injuries sustained in the course of employment caused by the worngful act, neglect or default of the employer, or any of the employer’s officers, agents or employees,” has reference to a wrongful act, neglect or default of an employee without regard to the fellow-servant- or assumption of risk rule; and it follows that in an action by an employee for injuries' suffered through the negligence of a fellow-employee, the only question for submission to the jury is-whether the injured servant exercised ordinary care. Gerthung v. Stambaugh-Thompson Co., 18 C.C.(N.S.), 496, distinguished.</p>