DANIELS v. MACGREGOR CO.

No. 38914.

2 Ohio St. 2d 89 (1965)

DANIELS, APPELLANT, v. MACGREGOR CO., APPELLEE.

Supreme Court of Ohio.

Decided April 21, 1965.


Attorney(s) appearing for the Case

Mr. James L. O'Connell and Messrs. Lindhorst & Dreidame, for appellant.

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. John A. Kiely, for appellee.


TAFT, C. J.

Plaintiff's first contention is that neither Section 35 of Article II of the Constitution nor Section 4123.74, Revised Code, bars a suit for personal injuries by a loaned servant against the employer to whom he is loaned.

However, in our opinion, previous decisions of this court require the following conclusion:

Where, as in the instant case, an employer employs an employee with the understanding that the employee is to be paid only by...

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