URDANG v. MAHRER, KRAUSE, LUBERT, BERMAN BENNETT, 170 Ohio St. 192 (1959)

163 N.E.2d 163

URDANG, APPELLEE AND CROSS-APPELLANT v. MAHRER, KRAUSE, LUBERT, BERMAN BENNETT, A PARTNERSHIP, APPELLANT AND CROSS-APPELLEE.

No. 36206Supreme Court of Ohio.
Decided December 9, 1959.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Negligence — Person undergoing radiology treatment — Degree of care owed — Injured by fall in lavatory — Uneven floor level — Judgment on jury verdict for plaintiff — Motion for judgment notwithstanding verdict overruled — No motion for new trial — Appeal to Court of Appeals — Seeking final judgment — Assignment of errors — Reversal and remand for new trial.

APPEAL from the Court of Appeals for Cuyahoga County.

Mr. A.H. Dudnik and Mr. Fred Weisman, for appellee and cross-appellant.

Messrs. Arter, Hadden, Wykoff Van Duzer and Messrs. Johnson, Weston, Blackmore, Cory Hurd, for appellant and cross-appellee.

Per Curiam.

The appeal as of right herein is dismissed, sua sponte, for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.

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