145 N.E. 33
No. 18256Supreme Court of Ohio.
Decided May 13, 1924.
Workmen’s Compensation — Appeal to Common Pleas Court — Evidence not limited to record — Section 1465-90, General Code — Pending actions — Rehearing by industrial commission.
ERROR to the Court of Appeals of Perry county.
Mr. Vincent Tague, prosecuting attorney; Mr. C.C. Crabbe, attorney general, and Mr. R.R. Zurmehly, for plaintiff in error.
Mr. Tom O. Crossan and Mr. Paul Tague, for defendant in error.
This cause is reversed upon the authority of Industrial Commission of Ohio v. Vail, ante, 304.
The record of the proceedings of the Industrial Commission disclosing that subsequent to March 11, 1921, the date when it determined that the injury resulting in the death of the husband of the defendant
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in error was not sustained in the course of and arising out of his employment, the commission entered upon and held a rehearing, the commission will not be heard to say that a rehearing was not granted.
Judgment reversed.
MARSHALL, C.J., ROBINSON, JONES, MATTHIAS, DAY and ALLEN, JJ., concur.
WANAMAKER, J., not participating.