CAMPBELL v. MONACO COAL MINING CO., 151 Ohio St. 380 (1949)

85 N.E.2d 800

CAMPBELL ET AL., APPELLANTS v. THE MONACO COAL MINING CO. ET AL., APPELLEES.

No. 31689Supreme Court of Ohio.
Decided March 16, 1949.

Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of property — Easement for state highway — Excavation of coal incident to highway construction — Sale of coal by highway contractor to private persons — Coal included in part of land denominated “waste” — Claim of land owner to compensation for coal sold — Judgment against owner — Inviolability of property — Section 19, Article I, Constitution.

APPEAL from the Court of Appeals for Belmont county.

Mr. Joseph C. Allen and Mr. A.G. Lancione, for appellants.

Mr. C.J. Ruffing, Messrs. Thornburg Lewis and Messrs. Michener Dankworth, for appellees.

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, ZIMMERMAN, STEWART and TURNER, JJ., concur.

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