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ELLIS v. GARWOOD

No. 35366.

168 Ohio St. 241 (1958)

ELLIS, ADMX., APPELLEE, v. GARWOOD, APPELLANT.

Supreme Court of Ohio.

Decided July 16, 1958.

Attorney(s) appearing for the Case

Mr. Charles H. Ayres, for appellee.

Messrs. McConnell, Blackmore, Cory, Burke & Kundtz, Mr. S. Burns Weston and Mr. Mark O'Neill, for appellant.

MATTHIAS, J.

The issue presented to this court is whether the provisions of Section 29(6) of the New York Workmen's Compensation Law and the plaintiff's acceptance of death benefits thereunder bar the plaintiff's from maintaining this action in the state of Ohio.

Under the New York Workmen's Compensation Law, the right to compensation or benefits thereunder is the exclusive remedy of an employee or, in case of his death, his dependents, where such employee...

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