DOWNEY v. DETROIT, TOLEDO IRONTON RD. CO

Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Contributory negligence — Unlighted railroad car pushed onto grade crossing — Signalman's failure to warn — Train whistle not sounded — Driver's failure to effectively look and listen — Contributory negligence as matter of law, when — Driver fails to ascertain train moving where view unobstructed — Doctrine of emergency not applicable, when — Court of Appeals — Unanimous concurrence not necessary to reverse, when — Contributory negligence a matter of law — Jurisdiction — Section 6, Article IV, Constitution.

Per Curiam.

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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.