Opinion
No. 30425
Decided October 10, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Insurance — Life and accident — Insured protected while piloting airplane having NC airworthiness certificate — Insured killed in crash while piloting army plane — Army planes lack NC certificates and none required — Such death not covered, when — Insurance application stated applicant also flew army planes — Effect on terms of policy — Action for benefits — Evidence not competent, when — Equality of risk in flying army planes and NC certified planes.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Klein Diehm, for appellant.
Messrs. Squire, Sanders Dempsey and Mr. Frank Harrison, 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., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.