
    INDUSTRIAL COM. v. DAVIS.
    Ohio Supreme Court.
    No. 20797.
    Decided May 31, 1928.
    Error to Trumbull Appeals.
    Judgment reversed and final judgment for plaintiff in reror.
    396. DIRECTED VERDICTS — 631. Industrial Commission.
    In action, by dependent of employe, to recover upon death claim, where no evidence is offered by claimant tending to establish fact alleged in petition, error for trial court to overrule motion of commission for directed verdict in its favor.
   KINKADE, J.

In an action by a dependent of an employe against the Industrial Commission to recover upon a claim, covering the death of the employe, which has been rejected by the commission on the ground that the death of the employe was not caused by an injury sustained in the course of his employment, and in which action no evidence is offered by the claimant, tending to establish the fact alleged in the petition, that the death of the employe was so caused, it is error for the trial court to overrule a motion of the commission for a directed verdict in its favor.

(Marshall, C. J., Robinson, Jones and Mathias, JJ., concur.)  