Opinion
Nos. 29825 and 29826
Decided January 19, 1944.
Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Common carriers — "Due" and "proper" care in purchasing and inspecting equipment — Interrogatories test general verdict — Res ipsa loquitur and burden of proof — Comments of jurors tending to show prejudice or corruption — Trial by jury — Section 5, Article I, Constitution — Article VII, Amendments, U.S. Constitution — Court of Appeals — Rehearing before two judges — Claim of error on weight of evidence deemed waived, when — Section 6, Article IV, Constitution.
APPEALS from the Court of Appeals of Mahoning county.
Messrs. Lipscher, Petica Lipscher and Mr. Fred J. Heim, for appellants.
Messrs. Harrington, Huxley Smith and Mr. Harry S. Manchester, for appellee.
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.
Appeals dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, BELL, WILLIAMS and TURNER, JJ., concur.