Opinion
No. 31813
Decided March 10, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Animals — Recovery for personal injury from dog bite — Action predicated on common-law liability — Section 5838, General Code — Imposing absolute liability and limiting recovery to compensation — Evidence of scienter and knowledge of viciousness introduced — Claim of contributory negligence as matter of law — Fair trial.
APPEAL from the Court of Appeals for Hamilton county.
Mr. Loyal S. Martin, for appellee.
Messrs. Strasser, Shannon Strasser, for appellants.
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., TURNER, MATTHIAS, HART, SOHNGEN and STEWART, JJ., concur.
ZIMMERMAN, J., not participating.