CUNNINGHAM v. MARABLE

Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Motels — Building containing separate units of living quarters and garages — Guest in one unit operated automobile motor in garage with doors closed — Exhaust gas permeated into adjoining unit and injured guest occupant — Claimed negligence of motel operator — In not providing ventilating devices or windows in garages — In not warning of permeability of exhaust gases — In not warning that motor was operating — In not inspecting premises — Verdict directed for motel operator — Right to jury trial.

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.