24 N.E.2d 454
No. 27755Supreme Court of Ohio.
Decided November 15, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Real property — Way of necessity — Landowner sold strip of land across entire property to railroad — Crossing established by railroad admittedly unsuitable, unsatisfactory and dangerous — Landowner without right to insist on type of crossing or location.
APPEAL from the Court of Appeals of Pike county.
Messrs. Daily, Moats Wills, for appellant.
Messrs. Bannon, Bannon Lynn and Mr. W.H. Middleton, for appellee.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.
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