Opinion
No. 25584
Decided January 29, 1936.
Supreme Court — Dismissals — No debatable constitutional question involved — Negligence — Evidence on motion for new trial — Judge viewing scene of accident, erroneous, when — Error proceedings — Court of Appeals — Final order — Gross abuse of discretion in granting new trial — Reversal of trial court's finding on new trial motion — Directing trial court to overrule motion for new trial.
ERROR to the Court of Appeals of Cuyahoga county.
ON REHEARING.
Messrs. Day Day and Messrs. Miller, Thompson Dunbar, for plaintiff in error.
Mr. John H. McNeal, Mr. Harley J. McNeal, Mr. Arthur E. Griffith, Mr. Thad A. Maski, Mr. J. Fred Potts, Mr. Parker Fulton, Mr. John F. Curry and Mr. A.A. Mastics, for defendant in error.
It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Petition in error dismissed.
WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, MATTHIAS and DAY, JJ., concur.
ZIMMERMAN, J., not participating.