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O'DANIEL v. RACING COMM.

No. 73-731.

37 Ohio St. 2d 87 (1974)

O'DANIEL, APPELLEE, v. OHIO STATE RACING COMMISSION, APPELLANT.

Supreme Court of Ohio.

Decided February 20, 1974.

Attorney(s) appearing for the Case

Messrs. Spieth, Bell, McCurdy & Newell, Mr. Lawrence 1. Byrnes and Mr. Phillip J. Campanella, for appellee.

Mr. William J. Brown, attorney general, and Mr. Robert J. Walter, for appellant.

WILLIAM B. BROWN, J.

The principal question presented in this case is whether RC-13-02, the "insurer rule" of the Rules of Racing of the Ohio State Racing Commission, which imposes strict accountability upon a trainer for the condition of the horse he enters in a race, is constitutional, valid and within the scope of authority granted the Ohio State Racing Commission by the General Assembly.

The Ohio insurer rule essentially imposes liability, without fault...

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