52 N.E.2d 527
No. 29693Supreme Court of Ohio.
Decided December 1, 1943
Supreme Court — Dismissal — No debatable constitutional question involved — Gas company agent forcibly entered basement and turned off gas — Damages for destruction of lactic acid milk culture — Verdict, remittitur and judgment for $10,500 — Court of Appeals modified and affirmed judgment for $4 — Jurisdiction of Court of Appeals — Retrial of facts established by jury and substitution of judgment for trial court’s — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs., Payer, Bleiweiss Harley S. Cook and Messrs. Snyder, Seagrave, Roudebush Adrion, for appellant.
Messrs. Jones, Day, Cockley Reavis, Mr. P.J. Mulligan an Mr. Frederick Woodbridge, 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.
WEYGANDT, C.J., MATTHIAS, HART and BELL, JJ., concur.
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