Opinion
No. 33812
Decided February 3, 1954.
Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Contributory negligence — Issue raised by plaintiff's evidence, when — Construction company remodeling leased premises — Removed guard rail from balcony — Watchman employed by building management company — Leading plumber into premises to repair nonemergent leak — Watchman fell from unlighted balcony — Doctrine of "sudden peril" not applicable, when — Watchman on leased premises a licensee, when — Duty owed by remodeling company — Charge to jury — Right to jury trial — Section 5, Article I, Constitution — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution — Jurisdiction of Courts of Appeals — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Endress Endress, for appellant.
Messrs. Crossen Chamberlin, 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.
Appeal dismissed.
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.