99 N.E.2d 614
No. 32676Supreme Court of Ohio.
Decided June 20, 1951.
For other litigation involving same facts, see Bevis v. Armco Steel Corp., 86 Ohio App. 525; appeal dismissed, 153 Ohio St. 366.
Supreme Court — Dismissal — No debatable constitutional question involved — Workmen’s compensation — Common-law action by employee’s wife against complying employer — Damage claim resulting from loss of consortium — Existence of silicosis concealed from employee by employer — Inducing employee to remain on job — Silicosis aggravated to point of disability — Judgment for defendant — Workmen’s Compensation Act and Constitution precluded recovery — Section 1465-70, General Code — Section 35, Article II, Constitution — Right to possess
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property — Section 1, Article I, Constitution — Inviolability of private property — Section 19, Article I, Constitution — General laws to operate uniformly — Section 26, Article II, Constitution — Retroactive laws — Section 28, Article II, Constitution — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Butler county.
Messrs. Brooks Capelle, for appellant.
Messrs. Frost Jacobs, Mr. G.W.A. Wilmer, Mr. Harold J. Siebenthaler, Mr. Henry Wise Hobson, Jr., Mr. Richard A. Wilmer
and Mr. John A. Wilmer, 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, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.
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