115 N.E.2d 585
No. 33623Supreme Court of Ohio.
Decided October 21, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Truck and bus collision in intersection — Directed verdict at close of plaintiff’s case proper, when — Plaintiff lost memory due to injury — Testimony of only eyewitness predicated on conjecture — Witness observed bus for fraction of second — From distance of several hundred feet — Testified as to speed — Testimony lacks probative value — Right to jury trial — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Sindell Sindell and Mr. Fred Garmone, for appellant.
Mr. Robert F. Mooney and Mr. Patrick F. Doyle, 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.
Page 242
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN and STEWART, JJ., concur.
MATTHIAS, J., not participating.