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LEISGANG v. CITY OF CINCINNATI

Supreme Court of Ohio.
Feb 2, 1938

Supreme Court — Dismissals — No debatable constitutional question involved — Negligence — Action based on ordinance making city liable for officer's acts — Answer pleaded repeal — Reply pleaded exceptions as to causes arising before repeal — Demurrer to reply searched record — Amended bill of particulars pleaded officer driving vehicle outside city — No allegation that act was committed in course of employment — Demurrer sustained.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, DAY, ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.