BURCHETT v. THE CUSSINS FEARN, 161 Ohio St. 236 (1954)


118 N.E.2d 413

BURCHETT ET AL., APPELLEES v. THE CUSSINS FEARN CO., APPELLANT.

No. 33861Supreme Court of Ohio.
Decided March 10, 1954.

Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Gas explosion — Conversion burner negligently installed by retailer — Special verdict submitted by court — Containing certain conclusions of law — Not erroneous, when — Jury asked whether defendant negligent in certain particulars — Directed verdict — Improper, when — Evidence — Court’s discretion to reopen case and admit — After defendant’s motion for directed verdict — Applicability of doctrine of res ipsa loquitur.

APPEAL from the Court of Appeals for Muskingum county.

Messrs. Graham, Graham, Hollingsworth, Gottlieb Johnston, for appellees.

Messrs. Wiles Doucher, for appellant.

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., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.

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