31 N.E.2d 683

DRAIME, APPELLEE v. MYERS ET AL., APPELLANTS, ET AL.

No. 28425Supreme Court of Ohio.
Decided January 22, 1941.

Supreme Court — Dismissal — No debatable constitutional question involved — Dogs — Owner or harborer liable to trespasser — Contributory negligence no defense — Section 5838, General Code — Due process.

APPEAL from the Court of Appeals of Summit county.

Mr. Raymond J. Finley and Messrs. Sheck, Marsteller Wendelken, for appellee.

Messrs. Myers, Dinsmore Whittemore, for appellants.

It is ordered and adjudged, sua sponte, that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.

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