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LORD v. DAUGHERTY

No. 80-687.

66 Ohio St. 2d 441 (1981)

LORD, APPELLANT, v. DAUGHERTY, ADMR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 17, 1981.

Attorney(s) appearing for the Case

Mr. James C. Ayers, Messrs. Parker, Fenton, Gallagher & Milliken and Mr. Ralph W. Gallagher, for appellant.

Mr. William J. Brown, attorney general, and Mr. Roger R. Weiher, for appellee Administrator.

Messrs. Newcomer, Shaffer, Geesey & Hutton, Mr. James A. Hutton and Mr. Timothy P. Heather, for appellee employer.

REILLY, J.

Appellant asserts three propositions of law: 1. "Where an employee suffers an accidental death as a direct result of operating a piece of equipment owned by his employer, which he was hired to operate, whether he is within the scope of his employment is a question of fact and it is error for the trial court to direct a verdict in favor of the defendants as a matter of law."

2. "It will be presumed...

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