
    JALKANSON v. AM. CONSTRUCTION CO.
    Ohio Appeals, 8th District, Cuyahoga County
    No. 4438.
    Decided June 18, 1923
    This opinion has not been published except in Abstract.
    WORKMEN’S COMPENSATION — Latest authority of Supreme Court followed.
    Error to the Court of Common Pleas, Cuyahoga , County
    Attorneys — Payer, Winch, Minshall & Karsh, for Jalkanson; Day & Day, contra.
   VICKERY, J.

The Court of Appeals decided:

This ease was held in abeyance by this court, inasmuch as there were suits pending in the Supreme Court which involved this question, and we would have been compelled to confirm the court below, on the authority of the Patten case, but since that court has overruled the doctrine laid down in the Patten and kindred cases, and held that there was a liability in cases similar to the one at bar, we are compelled to reverse the judgment of the court below and remand the case to the Common Pleas Court, basing our decision upon the authority of the case of the Ohio Automatic Sprinkler Co. v. Fender)'25 Abs. 467.  