Opinion
No. 32751
Decided November 14, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Bailments — Bailed furniture destroyed by fire — Warehouseman's failure to redeliver — Formal demand for redelivery not necessary, when — Prima facie case — Not negatived by bailor's evidence of warehouseman's negligence — Want of due care established, how — Burden on warehouseman to prove lawful excuse — Section 8464, General Code — Degree of care required of warehouseman — Section 8477, General Code.
APPEAL from the Court of Appeals for Montgomery county.
Mr. Robert J. Stoecklein, for appellees.
Messrs. Curtner, Brenton O'Hara, for appellant.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.