6 N.E.2d 981

KALMBACH, APPELLEE v. WHEELING LAKE ERIE RY. CO. ET. AL., APPELLANTS.

No. 26352Supreme Court of Ohio.
Decided February 3, 1937.

Supreme Court — Dismissals — No debatable constitutional question involved — Negligence — Objectionable charge to jury as denial of due process of law — Article XIV, U.S. Constitution — As denial of right to jury trial — Article I, Section 5, Constitution of Ohio.

APPEAL from the Court of Appeals of Lucas county.

Messrs. Brady Gallagher, Mr. J.I. O’Connor and Mr. Rowland W. Dings, for appellee.

Messrs. Smith, Beckwith, Ohlinger Froehlich, for appellants.

It is ordered and adjudged 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.

MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.

WEYGANDT, C.J., and JONES, J., not participating.

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