BRANDT, A MINOR v. MAHAFFEY,, 167 Ohio St. 150 (1957)


146 N.E.2d 598

BRANDT, A MINOR, APPELLEE v. MAHAFFEY, APPELLANT.

No. 35330Supreme Court of Ohio.
Decided December 4, 1957.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Negligence — Evidence — Expert medical testimony — Use of word, “probability” — Instructions to jury — Sufficiency — Pamphlet given to jurors — “Instructions For Trial Jurors” — Section 5, Article I, Constitution — Inviolability of trial by jury.

APPEAL from the Court of Appeals for Cuyahoga County.

Mr. Lawrence E. Stewart, for appellee.

Messrs. Davis Young and Mr. Robert L. Baker, for appellant.

Per Curiam.

The appeal as of right herein is dismissed, sua sponte, for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, BELL and MATTHIAS, JJ., concur.

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