BEVAN, ADMX. v. REALTY CO., 136 Ohio St. 549 (1940)


27 N.E.2d 148

BEVAN, ADMX., APPELLEE v. THE CENTURY REALTY Co., APPELLANT.

No. 28092Supreme Court of Ohio.
Decided April 17, 1940.

Supreme Court — Dismissal — No debatable constitutional question involved — Wrongful death — Person under contract with lessee of building — Killed by falling down elevator shaft — Lessor out of possession failed to comply with safety requirements — Verdict against lessor — Sections 871-21, 871-22 and 1027, General Code — Rules and regulations of Industrial Commission — Delegation of power — Sections 1 and 35, Article II, Constitution.

APPEAL from the Court of Appeals of Mahoning county.

Mr. John Ruffalo, for appellee.

Messrs. Harrington, Huxley Smith, for appellant.

Page 550

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., ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.

DAY, J., not participating.