Opinion
No. 30335
Decided May 31, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Workmen's compensation — Death awards paid to dependents of killed employees of complying employer — Separate wrongful death actions instituted by dependents against third party — Indemnity company insuring third party settled actions before judgment — Indemnity company's action against employer complying with workmen's compensation law, dismissed — Primary and secondary liability not involved, when — Judgment of trial court based upon agreed facts — Motion for new trial — Re-examination of facts would not result therefrom — Limitation for filing notice of appeal not tolled, when.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Payer, Bleiweiss Mollison and Mr. Howard M. Crow, for appellant.
Mr. T.J. Duffy and Mr. Charles A. Sanford, 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., BELL, WILLIAMS, MATTHIAS and HART, JJ., concur.