O'BLACK v. FOUNDRY CO

Supreme Court — Dismissal — No debatable constitutional question involved — Workmen's compensation — Employee's action against complying employer — Claim that employer withheld fact of tubercular infection of employee — And permitted him to work under conditions causing permanent total disability — Section 1465-70, General Code — Exempting complying employers from common-law or statutory tort liability — Claim such statute unconstitutional — In that Constitution permits actions against employer for wilful acts — Section 35, Article II, Constitution — Due process — Section 16, Article I, Constitution — Section 1, Article XIV, Amendments, U.S. 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., HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.

MATTHIAS, J., not participating.