WEBSTER v. PULLMAN CO., 132 Ohio St. 197 (1936)

5 N.E.2d 498

WEBSTER, APPELLEE v. THE PULLMAN CO., APPELLANT.[*]

No. 26287Supreme Court of Ohio.
Decided December 30, 1936.

[*] REPORTER’S NOTE — For former report, see The Pullman Co. v. Webster, 130 Ohio St. 409.

Supreme Court — Dismissals — No debatable constitutional question involved — Negligence — Evidence on motion for new trial — Judge viewing scene of accident, erroneous, when — Abuse of discretion in granting new trial — Sustaining motion for new trial, final order, when — Court of Appeals reversed and remanded to Common Pleas Court — Directions to vacate granting new trial, reinstate verdict, overrule new trial motion and render judgment for plaintiff — Common Pleas Court rendered judgment pursuant to mandates — Appeal from such judgment — Court of Appeals affirmed for reason all questions conclusively determined in former error proceeding — Due process of law — Denial of hearing in court, guaranteed by state and federal constitutions.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. John H. McNeal, Mr. Harley J. McNeal, Mr. Thad A. Maski
and Mr. J. Fred Potts, for appellee.

Messrs. Day, Young Veach and Messrs. Miller, Thompson Dunbar, for appellant.

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.

WEYGANDT, C.J., STEPHENSON, WILLIAMS and MATTHIAS, JJ., concur.