73 N.E.2d 805
No. 30945Supreme Court of Ohio.
Decided April 23, 1947.
Supreme Court — Dismissal — No debatable constitutional question involved — Employer insured against tort liability — Contractor agreed to indemnify employer — Against tort damages arising from performance of contract work — Injured worker sued employer for negligence of employer and employees — Judgment against employer paid by insurer — Action by insurer against subcontractor for recoupment — Based on claim that injury resulted from negligence of subcontractor — Judgment for subcontractor on ground employer concurrent tort-feasor — Action by insurer against contractor — Based on negligence and contractor’s agreement to indemnify employer — Contractor’s motion for judgment on pleadings — Like motion of insurer
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and in alternative for jury trial — Contractor’s motion sustained, insurer’s motions overruled and judgment for contractor — Right to jury trial — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. S.L. Heckman, for appellant.
Messrs. McKeehan, Merrick, Arter Stewart and Mr. Clinton M. Horn, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
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