Opinion
No. 33499
Decided May 20, 1953.
Supreme Court — Dismissal — No debatable constitutional question inolved — Negligence — Streetcar derailed on switch — Plaintiff thrown to floor and injured — Court procedure — Misconduct of counsel — Statement to jury that award would be tax free — Failure to make timely objection a waiver — Statement first questioned on motion for new trial — Charge to jury — Not to be "persuaded or influenced * * * by arguments of counsel" — Not erroneous where correlated with clarifying portion of charge — Evidence — Admission of incompetent document not error, when — Contents previously testified to — Jury trial — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Sindell Sindell, for appellant.
Mr. Robert F. Mooney, Mr. Richard C. Green and Mr. Joseph F. Lombardo, 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., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.