116 N.E.2d 425
No. 33741Supreme Court of Ohio.
Decided December 16, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Contributory negligence — Plaintiff’s truck collided with train on grade crossing — Warning signals — Conflicting testimony as to operation — Smoke and fog beclouded plaintiff’s vision — Failure to effectively look and listen — Failure to wait for atmosphere to clear — Directed verdict proper, when — Evidence raises presumption of contributory negligence — Presumption not overcome — Court of Appeals — Jurisdiction to reverse — Right to jury trial — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Lawrence county.
Mr. J. Earl Pratt and Mr. J.C. Riley, for appellant.
Mr. J.W. Byrne, 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., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.
Page 376