Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Damages — Personal injury action by employee against interstate railroad — For loss of both legs during employment — Claim measure of damages inseparable from right of action — Federal Employers' Liability and Federal Safety Appliance Acts — Measure, present worth of future earnings had no injury occurred — Calculated at highest safe interest — Admission of evidence that $141,674.40 cost of refund annuity during life expectancy — Yielding $350 monthly — Evidence that $2,000 highest annual earnings for five years prior to injury — Maximum monthly earnings $250 — Exclusion of evidence — Of possible future earning capacity — And whether average earnings for actual time worked or total period covered — Verdict and judgment for $225,000 — Claim of passion and prejudice — Fair trial — Due process.
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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.