91 N.E.2d 885

WERNER, ADMR., APPELLANT v. THE NEW YORK, CHICAGO ST. LOUIS RD. CO., APPELLEE.

No. 32092Supreme Court of Ohio.
Decided March 22, 1950.

Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Wrongful death action arising from grade-crossing collision in village — Directed verdict for defendant at close of plaintiff’s case — Evidence — Stopping, effective looking and listening before crossing railroad tracks — Right to jury trial — Section 5, Article I, Constitution.

APPEAL from the Court of Appeals for Hancock county.

Messrs. Boggs, Boggs Boggs and Mr. Marcus Downing, for appellant.

Messrs. Williams Eversman, Mr. John F. Jones and Messrs. Betts Betts, for appellee.

Page 462

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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.

Tagged: