102 N.E.2d 596
No. 32791Supreme Court of Ohio.
Decided November 21, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Single county ditches — Section 6442 et seq., General Code — Petition for deepening, widening and cleaning — Notice to railroad to widen and lower culvert — Railroad’s claim for damages — Burden of proving whether original construction of culvert obstructed ditch — Section 6486, General Code — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Wood county.
Mr. Alva W. Bachman, for appellant New York Central Railroad Company.
Mr. Floyd A. Coller, prosecuting attorney, and Mr. Norman D. Holloway, for appellees Board of County Commissioners and others.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.
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