Opinion
No. 32710
Decided October 24, 1951.
Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Wrongful death action — Motor vehicles — Charge on assured-clear-distance-ahead rule erroneous — Child riding bicycle on driveway — Suddenly enters path of motor vehicle on highway — Inability of motorist to avoid collision — Degree of care required of child — Contributory negligence of parent — Issue raised by evidence — Duty to charge — Degree of care required of motor vehicle operator in emergency — "Substantial evidence," defined — Trial court's judgment based on "no evidence" — Reversal and final judgment by Court of Appeals — Concurrence of two judges — Appellate jurisdiction — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals for Clermont county.
Mr. John R. Gehrig and Messrs. Nichols, Speidel Nichols, for appellant.
Messrs. Ely, White Davidson, for appellee.
It is ordered and adjudged, sua sponte, 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, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.