Opinion
No. 32035
Decided February 15, 1950.
Supreme Court — Dismissal — No debatable constitutional question involved — Workmen's compensation — Employee's action for damages against complying employer — For fraud in concealing from employee his silicosis — Inducing remaining on job thereby aggravating silicosis — Demurrer to petition sustained — Workmen's Compensation Act and Constitution precluded such action — Section 1465-70, General Code — Section 35, Article II, Constitution — Abridgment of privileges — Section 1, Article XIV, Amendments, U.S. Constitution — Involuntary servitude — Section 6 Article 1, Constitution — Section 1, Article XIII, Amendments, U.S. Constitution — Supremacy of federal law — Article VI, U.S. Constitution — Right to safety — Section 1, Article 1, Constitution — Due process — Section 16, Article 1, Constitution.
APPEAL from the Court of Appeals for Butler county.
Mr. Robert E. Brooks, Mr. Louis C. Capelle and Mr. Robert L. Young, for appellant.
Messrs. Frost Jacobs, Mr. Harold L. Siebenthaler, Mr. Henry Wise Hobson, Jr., and Mr. G.W.A. Wilmer, for appellee.
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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.