Opinion
No. 27706
Decided November 15, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Wrongful death — Negligence — Decedent, while walking in street paralleled by sidewalk, struck by truck — Instructions requested by jury during deliberations — Request, delivered in counsel's presence, refused through oral instructions to bailiff — Without disclosing contents of request to counsel — Certificate of conflict refused by Court of Appeals — Conflict not alone determinative of judgment — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals of Franklin county.
Messrs. Power Barton, for appellee.
Messrs. Vorys, Sater, Seymour Pease and Mr. Wilbur E. Benoy, 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., DAY, ZIMMERMAN, MYERS, MATTHIAS and HART, JJ., concur.
WILLIAMS, J., not participating.