106 N.E.2d 295
No. 33046Supreme Court of Ohio.
Decided May 28, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Action against, in conversion — Personal property piled near rubbish container — Removal to dump by city’s rubbish collector — Not conversion, when — Taking not wilful — Rubbish collection a governmental function — Municipality not liable for employee’s negligence — Inviolability of private property — Section 19, Article 1, Constitution — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Alfred L. Steuer, for appellant.
Mr. Joseph H. Crowley, director of law, Mr. John H. Urbancik
and Mr. James M. McSweeney, for appellee.
Per Curiam.
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., ZIMMERMAN, STEWART, MATTHIAS and HART, JJ., concur.
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