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BANKERS INDEMNITY INS. CO., APPELLANT v. CLEVELAND HARDWARE FORGING CO., APPELLEE.

Supreme Court — Dismissal — No debatable constitutional question involved — Workmen's compensation — Death awards paid to dependents of killed employees of complying employer — Separate wrongful death actions instituted by dependents against third party — Indemnity company insuring third party settled actions before judgment — Indemnity company's action against employer complying with workmen's compensation law, dismissed — Primary and secondary liability not involved, when — Judgment of trial court based upon agreed facts — Motion for new trial — Re-examination of facts would not result therefrom — Limitation for filing notice of appeal not tolled, when.

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., BELL, WILLIAMS, MATTHIAS and HART, JJ., concur.

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BANKERS INDEMNITY INS. CO. v. HARDWARE CO
(May 31, 1945)