102 N.E.2d 598
No. 32788Supreme Court of Ohio.
Decided December 5, 1951.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Negligence — Motor vehicles — Agency — Carrier’s employee instructed to drive truck — Employee permitted another to drive — Exceeded scope of employment — Resulted in death of employee-driver — Carrier not liable for negligence of substituted driver.
APPEAL from the Court of Appeals for Mahoning county.
Messrs. Anderson Lamb and Mr. Russell G. Mock, for appellant.
Mr. William E. Pfau and Mr. William E. Pfau, Jr., for appellee.
Per Curiam.
It is ordered and adjudged, sua sponte, 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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