text:
    No. 11021.
    Boor v. French, Executor.
    Decided October 19, 1909.
    Error to Circuit Court of Erie county.

      Mr. John F. McCrystal, for plaintiff in error.

      Air. AJalcolm Kelly and Mr. George C. Beis, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


source: Caselaw Access Project

license: Public Domain

text:
    No. 11051.
    The Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. et al. v. Spaulding.
    Decided October 19, 1909.
    Error to Circuit Court of Butler county.

      Mr. Charles Darlington and Mr. Charles L. Darlington, for plaintiffs in error.

      Mr. Culla J. Smith and Messrs. Andrews, Harlan & Andrezvs, for defendant in error.
   Judgment affirmed.

Crew, C. J., Spear, Sitauck and Price, JJ., concur.


text:
    No. 11061.
    First National Bank of Upper Sandusky v. The People's Savings Banking Co.
    Decided October 19, 1909.
    Error to Circuit Court of Wyandot county.

      Mr. D. C. Parker and Messrs. Carter & Goodrich, for plaintiff in error.

      Messrs. Balyeat & Conn and Messrs. Carey & Carey, for defendant in error.
   Judgment affirmed.

Summers, Spear and Shaucic, JJ., concur.


text:
    No. 11062.
    Mathias v. Arnoldi.
    Decided October 19, 1909.
    Error to Circuit Court of Putnam county.

      Messrs. Watts & Moore, for plaintiff in error.

      Messrs. Bailey & Le asure and Messrs. Straman & Straman, for defendant in error.
   Judgment affirmed.

Summers, Spear and Si-iauck, JJ., concur.


text:
    No. 11063.
    The Newman Manufacturing Co. v. Fisler.
    Decided October 19, 1909.
    Error to Circuit Court of Hamilton county.

      Messrs. Bates & Meyer, for plaintiff in error.

      Mr. A. J. Cunningham, Jr., and Mr. Starhuck Smith, for defendant in error.
   Judgment reversed. Grounds stated in journal entry.

It is ordered and adjudged by this court that the judgment of the said circuit court be and the same is reversed for the reason that the trial court erred in the charge to the jury as follows: “The defendant claims that all the services were rendered by the plaintiff in pursuance of the. agrément by which the plaintiff was to render such services as part of his duties in consideration of the agreement; that is, that the plaintiff was to sell on commission the electric signs of the defendant and that he was by such agreement not to be entitled to any compensation except such commission as he might earn. The burden of proof is on the defendant to establish such agreement, if made, and the terms of such agreement,” the said .instructions to the jury as to the burden of proof being contrary to the rulings of this court in Simmons v. Green, 35 Ohio St., 104, and in The List & Son Co. v. Chase, 80 Ohio St., 42. And this court proceeding to render the judgment which the said circuit court should have rendered, it is hereby ordered and adjudged that the judgment of the court of common pleas be and is hereby reversed and that the said cause be remanded to the court of common pleas of Hamilton county for a new trial according to law in conformity with this decision.

Crew, C. J., Spear, Davis and Shauck, JJ., concur.


text:
    No. 11066.
    Jenkins v. The Municipal Corporation of Mineral Ridge.
    Decided October 19, 1909.
    Error to Circuit Court of Trumbull county.

      Messrs. Hunter, Thomas & Fillius, for plaintiff in error.

      Mr. A. L. Phelps and Mr. T. H. Gillmer, for defendant in error.
   Judgment affirmed.

Crew-, C. J., .Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11087.
    Marrone et al., Partners, v. The Telling Brothers Ice Cream Co.
    Decided October 19, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. Harold Remington and'Mr. Cyrus Locher, for plaintiffs in error.

      Messrs.

      Geier, Farrell & Edzvards, for defendant in error.
   Judgment reversed and judgment of the court of common pleas affirmed.

Crew, C. J., Summers, Spear, Shauck and Price, JJ., concur.


text:
    No. 11091.
    Moser v. B. S. Porter & Son, a Partnership.
    Decided October 19, 1909.
    Error to Circuit Court of Allen county.

      Messrs. Welty & Dozjvning, for plaintiff in error.

      Mr. W. H. Leete, for defendant in error.
   Judgment reversed and judgment of the court of common pleas affirmed.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11166.
    Brannon et al. v. The Board of County Commissioners of Columbiana County et al.
    Decided October 19, 1909.
    Error to Circuit Court of Columbiana county.

      Mr. W. F. Lones, for plaintiffs in error.

      Mr. J. H. Brooks; Mr. C. S. Speaker and Mr. M. J. McGarry, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11188.
    The Farmers' Mutual Relief Association v. McClain.
    Decided October 19, 1909.
    Error to Circuit Court of Allen county.

      Mr. Charles F. Sprague and Mr. James W. Half-hill, for plaintiff in error.

      Mr. C. L. Fess and Mr.

      W. H. Leete, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11201.
    Atwill v. The Board of County Commissioners of Paulding County.
    Decided October 19, 1909.
    Error to Circuit Court of Paulding' county.

      Mr. John W. Zuber, for plaintiff in error.

      Mr. George H. Bayliss and Messrs. Snook & Wilcox, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11561.
    The State, ex rel. Herrman, City Solicitor, v. The Oakwood Street Railway Company.
    Decided October 19, 1909.
    Error to Circuit Court of Montgomery county .o

      Mr. Robert R. Nevin, prosecuting attorney; Mr Philo G. Burnham, city solicitor; Mr. Walter V. Snyder, Mr. Charles J. Brennan and Mr. William A. Pohlman, assistant city solicitors, for plaintiff in error.

      Messrs. McMahon & McMahon, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11593.
    The Village of Silverton v. Schmidt, Jr.
    Decided October 19, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. Frank H. Repperi, for plaintiff in error.

      Mr. W. A. Rinckhoff, for defendant in error.
   Judgment modified as stated in journal entry.

It is ordered and adjudged that the judgment of said circuit court be and the same is hereby reversed for error in affirming without modification the judgment of the court of common pleas of Hamilton county. And this court being of opinion that the court of common pleas was without power to assess against the plaintiff below any part of the expense of stenographer’s fees in the mayor’s court; and that said court of common pleas erred in overruling the plaintiff’s motion to retax the costs in said case, its judgment in that behalf is by this court reversed. And this cause is remanded to the court of common pleas of Hamilton county with direction to sustain said motion and to order the costs retaxed accordingly. In other respects the judgment of said court of common pleas is affirmed.

Crew, C. J., Summers, Spear and Price, JJ., concur.


text:
    No. 11637.
    The Sherwin-Williams Co. v. Kavanaugh.
    Decided October 19, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Ingersoll & Bacon, for plaintiff in error.

      Messrs. Hart, Canfield & Croke, for defendant in error.
   Judgment affirmed.

Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11685.
    Board of Commissioners of Hocking County v. Azbell, Admx.
    Decided October 19, 1909.

      Mr. H. E. Sparnon, prosecuting attorney; Mr. A. R. McBroom and Mr. S. H. Bright, for plaintiff in error.

      Messrs. Wright, & Pettit, for defendant in error.
   Judgment vacated and cause remanded to circuit court with instructions to consider the weight of the evidence.

Crew, C. J., Summers, Spear, Davis, Shaucic and Price, JJ., concur.


text:
    No. 11819.
    Ray, Admx., v. The Pennsylvania Company et al.
    Decided October 19, 1909.
    Error to Circuit Court of Lucas county.

      Mr. Harvey Scribner and Mr. Curtis T. Johnson, for plaintiff in error.

      Messrs. Marshall & Fraser and Mr. C. A. Seiders, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Si-iauck and Price, JJ., concur.


text:
    No. 11835.
    Drolesbaugh v. The State of Ohio.
    Decided October 19, 1909.
    Error to Circuit Court of Crawford county.

      Messrs. Finley & Gallinger, for plaintiff in error.

      Mr. C. H. Henkel, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Sitauck and Price, JJ., concur.


text:
    No. 11900.
    The State of Ohio v. Rogers et al.
    Decided October 19, 1909.
    Exceptions to the Probate Court of Wood county.

      Mr. William Dunipace, prosecuting attorney, for plaintiff in error.

      Messrs. James & Kelly, for defendants in error.
   Exceptions overruled.

Crew, C. J., Summers, Spear, Si-iauck and Price, JJ., concur. .


text:
    No. 11945.
    The State of Ohio v. Deiter.
    Decided October 19, 1909.
    Error to Circuit Court of Pike county.

      Mr. James A. Douglas, prosecuting attorney, for plaintiff in error.

      Mr. S. L. Patterson and Mr. C. PI. Henkel, for defendant in error.
   Judgment reversed and judgment of the court of common pleas affirmed. Grounds stated in journal entry.

This court is of opinion that the circuit court did not err in refusing to reverse the judgment of the court of common pleas in so far as it overruled the defendant’s plea in abatement, this court being of opinion that the question of the legality of the selecting and drawing of the grand jury may not be raised by plea in abatement to the indictment, and with respect to that holding the said judgment of the circuit court is affirmed.

But this court is of opinion that the discharge of the petit jury, and the ordering of a new petit jury, was within the discretion of the trial court, and it not appearing that such discretion was abused, or that the petit jury which tried the defendant was not an impartial nor disqualified jury, no error was committed by the trial court in that behalf, and the judgment of the circuit court in reversing the judgment of the court of common pleas for said alleged error is hereby reversed, and that of the common pleas affirmed.

Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11034.
    Lemert v. Lemert et al.
    Decided October 26, 1909.
    Error to Circuit Court of Muskingum county.

      Mr. F. F. D. Albery and Mr. H. C. Wine, for plaintiff in error.

      Mr. A. J.
      Andrews, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11038.
    Western Union Telegraph Co. v. Priddy.
    Decided October 26, 1909.
    Error to Circuit Court of Hancock county.

      Messrs. Henry & Robert Newbcgin and Mr. George H. Fearons, for plaintiff in error.

      'Mr. John E. Priddy, for defendant in error.
   Judgment affirmed.

Summers Davis and Price, JJ., concur.


text:
    No. 11100.
    The Northern Ohio Traction & Light Co. v. Frantz.
    Decided October 26, 1909.
    Error to Circuit Court of Summit county.

      Messrs. Rogers, Rowley & Rockwell, for plaintiff in error.

      Messrs. Skiles, Green & Skiles and Mr. W. R. Talbot, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11105.
    Grubb et al. v. Shaw et al.
    Decided October 26, 1909.
    Error to Circuit Court of Hancock county.

      Messrs. Poe Sr Poe, for plaintiffs in error.

      Mr. William L. David; Mr. George H. Phelps and Mr. William Brickman, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear ~nd Shauck, JJ., concur.


text:
    No. 11113.
    Lucas County v. The Board of Trustees of Congress Township, Morrow County.
    Decided October 26, 1909.
    Error to Circuit Court of Lucas county.

      Mr. Lyman W. Wachenheimer and Mr. Roy R. Stuart, for plaintiff in error.

      Mr. J. W. Barry and Messrs. Garver & Powell, for defendant in error.
   Judgment affirmed.

Summers, Davis and Shauck, JJ., concur.


text:
    No. 11114.
    Lecklider v. Jarrett.
    Decided October 26, 1909.
    Error to Circuit Court of Lucas county.

      Mr. Thomas L. Gilford, for plaintiff in error.

      Mr. John JJ. O'Leary- and Messrs. Taber & Clapp, for defendant in error.
   Judgment affirmed.

Spear, Davis and Spiauck, JJ., concur.


text:
    No. 11123.
    The Village of Home City et al. v. Drucker.
    Decided October 26, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. James B. Matson and Mr. John R. Sayler, for plaintiffs in error.

      Mr. Albert Bettinger, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Spiauck and Price, JJ., concur.


text:
    No. 11128.
    The Scioto Valley Traction Co. v. Benson.
    Decided October 26, 1909.
    Error to Circuit Court of Fairfield county.

      Messrs. Daugherty & Todd, for plaintiff in error.

      Mr. Q. R.- Lane and Mr. U. S. Brandt, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis and Spiauck, JJ., concur.


text:
    No. 11198.
    Durnell v. Bish et al., Partners as N. Bish & Son.
    Decided October 26, 1909.
    Error to Circuit Court of Montgomery county.

      Mr. D. B. Van Pelt, for plaintiff in error.

      Messrs. Gottshall & Turner, for defendants in error.

   Judgment affirmed.

Summers, Spear, Shaucic and Price, JJ., concur.


text:
    No. 11736.
    Berman v. The State of Ohio.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. Walter C. Ong and Mr. D. M. Bader, for plaintiff in error.

      Mr. John A. Cline, prosecuting attorney, and Mr. P. L. A. Leighley, assistant prosecuting attorney, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Siiauck and Price JJ., concur.


text:
    No. 11748.
    The Cincinnati Northern Railroad Co. v. Class.
    Decided October 26, 1909.
    Error to Circuit Court of Van Wert county.

      Mr. B. B. Nelson; Mr. IP. G. Dickie and Mr. Leonard J. Hackney, for plaintiff in error.

      Messrs. Dailey & Allen, for defendant in error.
   Judgment affirmed.

Crew, * C. J., Summers, Sitauck and Price, JJ., concur.


text:
    No. 11893.
    In the Matter of the Application of Joseph Kuchta for a Writ of Habeas Corpus.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs,. Myler & Turney, for plaintiff in error.

      Messrs.

      Poland & Pearson, for defendant in error.
   Judgment reversed, and court of common pleas affirmed on authority of McGorray v. Murphy, 80 Ohio St., 413.

Crew, C. J., Summers, Spear, Davis and Shaucic, JJ., concur.


text:
    No. 11903.
    The Cleveland & Buffalo Transit Co. v. Beeman.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Goulder, Holding & Masten, for plaintiff in error.

      Mr. C. L. Shazv and Mr. A. D. Licey, for defendant in error.
   Judgment affirmed on authority of Benner v. Benner, 63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11904.
    The St. Clair Street Realty Co. v. Beeman.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Goulder, Holding & Masten, for plaintiff in error.

      Mr. C. L. Shazv and Mr. A. D. Licey, for defendant in error.
   Judgment affirmed on authority of Benner v. Benner, 63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11905.
    The Erie Building Co. v. Beeman.
    Decided October 26, 1909.
    Error to Circuit. Court of Cuyahoga county.

      Messrs. Goulder, Holding & Masten, for plaintiff in error.

      Mr. C. L. Shazv, and Mr. A. D. Licey, for defendant in error.
   Judgment affirmed on authority of Benner v. Benner, 63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11906.
    The Guardian Savings & Trust Co. v. Beeman.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Goulder, Holding & Hasten, for plaintiff in error.

      Mr. C. L. Shaw and Mr. A. D. Licey, for defendant in error.
   Judgment affirmed on authority of Benner v. Benner, 63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, St-iauck and Price, JJ., concur.


text:
    No. 11907.
    The Citizens Savings & Trust Co. v. Beeman.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Goulder, Holding & Hasten, for plaintiff in error.

      Mr. C. L. Shaw and Mr. A. D. Licey, for defendant in error.
   Judgment affirmed on authority of Benner v. Benner, 63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, Sitauck and Price, JJ., concur.


text:
    No. 11908.
    The Alva Realty Co. v. Beeman.
    Decided October 26, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Goulder, Holding & Masten, for plaintiff in error.

      Mr. C. L. Shaw and Mr. A. D. Licey, for defendant in error.
   Judgment affirmed on authority of Benner v. Benner, 63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11052.
    Garner et al. v. Baldwin.
    Decided November 9, 1909.
    Error to Circuit Court of Fairfield county.

      Mr. V/illiam Davidson, for plaintiffs in error.

      Mr. Henry K. Beck and Mr. C. W. McCleery, for defendant in error.
   Judgment reversed and judgment for. plaintiff in error.

Summers, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11055.
    The Midland Company v. Buell.
    Decided November 9, 1909.
    Error to Circuit. Court of Washington county.

      Mr. J. A. Gallaher, for plaintiff in error.

      Mr. Rztfus A. Underwood, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11139.
    L. P. Hazen & Co. v. The Brown & Ketcham Iron Co.
    Decided November 9, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. Raymond Ratliff, for plaintiff' in error.

      Messrs. Cobb, Howard & Bailey, for defendant in error.
   Judgment affirmed on authority of The William Edwards Co. v. Goldstein, 80 Ohio St., 303.

Crew,' C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11141.
    Lindamood v. Jennings, Assignee, et al.
    Decided November 9, 1909.
    Error to Circuit Court of Monroe county.

      Messrs. Mats & Kremer, for plaintiff in error.

      Messrs. Mallory, Jeffers & Sears and Messrs. Jennings & Walton, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11145.
    Shawver v. Wyscarver et al.
    Decided November 9, 1909.
    Error to Circuit Court of Guernsey county.

      Mr. J. S. LePage, for plaintiff in error.

      Messrs. Rosamond & Bell and Messrs. Turnbaugh & Eagleson, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11159.
    Peters v. Harrison.
    Decided November 9, 1909.
    Error to Circuit Court of Wood county.

      Messrs. Troup & Riegle, for plaintiff in error.

      Messrs. Baldwin & Harrington, for defendant in error.
   Judgment affirmed..

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11178.
    The Chris Diehl Brewing Co. v. Beck, Auditor, et al.
    Decided November 9, 1909.
    Error to Circuit Court of Henry county.

      Mr. B. F. Enos, for plaintiff in error.

      Mr. T. A. Conway, for defendants in error.
   Judgment affirmed.

Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11191.
    Milner, Sr., v. Milner et al.
    Decided November 9, 1909.
    Error to Circuit Court of Highland county.

      Mr. Henry M. Huggins, for plaintiff in error.

      Messrs. Steele & Sams, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Silauck and Price, JJ. concur.


text:
    No. 11200.
    Hauke v. Hauke, Executor.
    Decided November 9, 1909.
    Error to Circuit Court of Highland county.

      Messrs. Wilson & McBride, for plaintiff in error.

      Messrs. Steele & Sams, for defendant in error.
   Judgment affirmed.

Spear, Davis, Si-tauck and Price, JJ., concur.


text:
    No. 11205.
    Wyer et al. v. Van Horn.
    Decided November 9, 1909.
    Error to Circuit Court of Hancock county.

      Messrs. Blackford & Black-ford, for plaintiffs in error.

      Mr. John N. Doty and Messrs. J. A. & E. V. Bope, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11614.
    The Wheeling & Lake Erie Railroad Co. by Worthington, Receiver, v. Wells, Admx.
    Decided November 9, 1909.
    Error to Circuit Court of Lucas county.

      Mr. Charles A.' Seiders, for plaintiff in error.

      Messrs. Marshall & Fraser, for defendant in error.
   Judgment affirmed.

Summers, Spear, Shauck and Price, JJ., concur.


text:
    No. 11632.
    Heidlebaugh, Probate Judge, v. Recker.
    Decided November 9, 1909.
    Error to Circuit Court of Putnam county.

      Mr E. R. Eastman; Messrs. Malone & Griffiths; Mr.

      W. B. Wheeler and Mr. B. A. Unverferth, prosecuting attorney, for plaintiff in error.

      Messrs. Straman & Straman; Messrs. Watts & Moore and Messrs. Henry & Robert Newbegin, for defendant in error.
   The circuit court having erred in allowing a peremptory writ of mandamus, its judgment should not be affirmed. The contested election case having been effectively certified to the court of common pleas, a judgment of reversal would now be unavailing. The petition in error is therefore dismissed.

Spear, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11737.
    Clark, Admr., v. The Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
    Decided November 9, 1909.
    Error to Circuit Court of Jefferson county.

      Mr. Frank H. Kerr and Messrs. Mansfield & Merryman, for plaintiff in error.

      Messrs. Dunbar & Sweeney, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, and Price, JJ., concur.


text:
    No. 11807.
    Schnebly, Treasurer, v. Kenyon College.
    Decided November 9, 1909.
    Error to .Circuit Court of Knox county.

      Mr. W. A. Hosack, for plaintiff in error.

      Messrs. II. H. & R. M. .Greer, and Messrs. Outhwaite, Linn & Thurman, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11936.
    Herning v. The State of Ohio.
    Decided November 9, 1909.
    Error to Circuit Court of Tuscarawas county.

      Mr. J. G. Patrick, for plaintiff in error.

      Mr. W. B. Stevens and Mr. W. H. Phillips, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11951.
    The State of Ohio v. Wright.
    Decided November 9, 1909.
    Exceptions to Probate Court of Wood county.

      Mr. William Dunipace, prosecuting attorney, and Mr. N. R. Harrington, for plaintiff in error.

      Messrs. Ladd & James, for defendant in error.
   Exceptions sustained.

Crew, C. J., Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 10914.
    The Union National Bank of Cleveland v. Gill et al.
    Decided November 16, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Treadway & Marlatt, for plaintiff in error.

      Messrs. Elliott & Elliott; Mr. C. K. Fa%iver; Mr. M. L. Thomson; Messrs. Judson & Weld; Messrs. Hills & Van Deveer and Messrs. Herrick & Hopkins, for defendants in error.
   On rehearing. Former judgment adhered to.


text:
    No. 11072.
    Halpin v. Sloway.
    Decided November 16, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. M. D. Herrick; Mr. J. C. Jones and Mr. Ross Hedges, for plaintiff in error.

      Mr. Thomas L. Gifford, for defendant in error.
   Judgment affirmed.

Summers, Davis- and Price, JJ., concur.


text:
    No. 11126.
    The Columbian Building, Loan & Investment Co. v. The Washington Insurance Co.
    Decided November 16, 1909.
    Error to Circuit Court of Henry county.

      Mr. J. R. Linthicum and Mr. James P. Ragan, for plaintiff in error.

      Mr. F. D. Prentiss and Mr. W. W. Campbell, for defendant in error.
   Judgment affirmed.

Crew, C. J., Davis, Siiauck and Price, JJ., concur.


text:
    No. 11210.
    The Village of Rockford v. Smith, a Taxpayer.
    Decided November 16, 1909.
    Error to Circuit Court of Mercer county.

      Messrs. Mauk & Jackson, for plaintiff in error.

      Messrs. Layton & Son and Mr. John W. floree, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11216.
    Crouch v. Sedgwick, Admr.
    Decided November 16, 1909.
    Error to Circuit Court of Plarrison county.

      Mr. D. A. Hollingsworth, for plaintiff in error.

      Mr. R. H. Minteer and Messrs. Duncan & Kinder, for defendant in error.
   Judgment affirmed.

Summers, Shauck and Price, JJ., concur.


text:
    No. 11218.
    Hammond, an Infant, by etc., v. The Supreme Ruling of the Fraternal Mystic Circle et al.
    Decided November 16, 1909.
    Error to Circuit .Court of Hancock county.

      Messrs. Poe & Poe, for plaintiff in error.

      Messrs. Mc'Conica & Dzviggins, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11222.
    Brinkman et al. v. Jump.
    Decided November 16, 1909.
    Error to Circuit Court of Crawford county.’

      Messrs. Finley & Gallinger, for plaintiffs in error.

      Mr. W. C. McCullough and Mr. R, V. Sears, for defendant in error.
   Judgment .vacated and cause remanded to the circuit court with instructions to consider the bill of exceptions.

Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11226.
    The City of Bellaire v. McGregor.
    Decided November 16, 1909.
    Error to Circuit Court of Belmont county.

      Mr. C. E. Timberlake and Mr. Cook Danford, for plaintiff in error.

      Mr. Charles J. Lynch and Mr. D. W. Cooper, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11272.
    Crawford v. Crawford, et al.
    Decided November 16, 1909.
    Error to Circuit Court of Hancock county.

      Messrs. McConica & Dwiggins and Mr. J. C. Biller, for plaintiff in error.

      Messrs. Axline & Betts, for defendants in error.
   Judgment affirmed.

Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11282.
    The Herman Lininger Mfg. Co. v. The First National Bank of Crestline.
    Decided November 16, 1909.
    Error to Circuit Court of Crawford county..

      Messrs. Finley & Gallinger and Messrs. Wickham & Feighner, for plaintiff in error.

      Mr. R. U. Miller; Air. P. W. Poole and Mr. R. V. Sears, for defendant in error.
   Judgment affirmed.

Summers, Davis and Shauck, JJ., concur.


text:
    No. 11628.
    The Baltimore & Ohio Railroad Co. v. Linn, Admx., et al.
    Decided November 16, 1909.
    Error to Circuit Court of Holmes county.

      Mr. George W. Sharp and Messrs. Arrel, Wilson & Harrington, for plaintiff in error.

      Messrs. J. & E. G. Huston; Mr. W. Stihvell; Messrs. Cary & Mullins; Messrs. Allen, Waters, Young & Andress and Mr. George W. Sharp, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers and Price, JJ., concur.


text:
    No. 11695.
    Erie Railroad Co., et al. v. Cunningham.
    Decided November 16, 1909.

      Error to Circuit Court of Mahoning county.

      Messrs. Hiñe; Kennedy & Manchester, for plaintiffs in error.

      Mr. George E. Rose and Mr. M. A. Morris, for defendant in error. '
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11068.
    Smedes v. The Cincinnati Interterminal Railroad Co.
    Decided November 23, 1909.
    Error to Superior Court of Cincinnati.

      Messrs. Stephens, Lincoln & Stephens, for plaintiff in error.

      Messrs. Galvin & Galvin, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11281.
    Coyner v. Delay.
    Decided November 23, 1909.
    Error -to Circuit Court of Ross county.

      Mr. J. Frank Wilson and Mr. Peter J. Blosser, for plaintiff in error.

      Mr. John P. Phillips; Mr. E. A. Tinker. and Mr. James I. Boulger, for defendant in error.
   Judgment affirmed.

Crew, C. J., Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11291.
    Billingsley v. West.
    Decided November 23, 1909.
    Error to Circuit Court of Jackson county.

      Mr. A. E. Jacobs and Mr. E. H. Willis, for plaintiff in error.

      Mr. T. A. McFarland and Mr. Joseph McGhee, for defendant in error.
   Judgment affirmed.

Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11294.
    Hensley v. Fischer, Administratrix, et al.
    Decided November 23, 1909.
    Error to Circuit Court of Lawrence county.

      Mr. Julius L. Anderson; Mr. L. K. Cooper and Messrs. Andrews & Irish, for plaintiff in error.

      Mr. A. R. Johnson and Messrs. Hager & Stewart, for defendants in error.
   Judgment affirmed.

Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11295.
    McCallip, Adminstratrix, et al. v. Sharp.
    Decided November 23, 1909.
    Error to Circuit Court of Franklin county.

      Mr. J. W. Mooney and Mr. Edmund, Smith, for plaintiffs in error.

      Mr. W. II. Jones; Mr. F. A. Davis and Messrs. Booth, Keating & Peters, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11300.
    McGinniss et al. v. Dickson.
    Decided November 23, 1909.
    Error to Circuit Court of Crawford county.

      Mr. S. L. Americas, for plaintiffs in error.

      Mr. B. T. Long, for defendant in error.
   Judgment affirmed.

Davis, Shauck and Price, JJ., concur.


text:
    No. 11308.
    Lebow et al., Partners, v. Harding et al.
    Decided November 23, 1909.
    Error to Superior Court of Cincinnati.

      Mr. G. S. Hawke, for plaintiffs in error.

      Mr. M. Muller and Mr. George W. Harding, for defendants in error.
   Judgment affirmed

Crew, C. J., Summers, Spear, Davis, Shauck and'Price, JJ., concur.


text:
    No. 11310.
    The East Liverpool Publishing Co. v. Todd.
    Decided November 23, 1909.
    Error to Circuit Court of Columbiana county.

      Messrs. Brookes & Thompson, for plaintiff in error.

      Mr. W. H. Spence, for defendant in error.
   Judgment affirmed.

Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11313.
    Follett v. The City of Newark.
    Decided November 23, 1909.
    Error to Circuit Court of Licking county.

      Mr. Charles H. Follett, for plaintiff in error.

      Mr. Frank A. Bolton, city solicitor, and Messrs. Flory & Flory, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis, Shauck and Price, JJ., concur.


text:
    No. 11318.
    The Commercial Tribune Building Co. v. The Rapid Electrotype Co.
    Decided November 23, 1909.
    Error to Circuit Court of Hamilton county.

      Messrs. Mallon & Vordenberg, for plaintiff in error.

      Messrs. Johnson & Levy, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis and Sitauck, JJ., concur.


text:
    No. 11320.
    The Mansfield Telephone Co. v. Sheehy.
    Decided November 23, 1909.
    Error to Circuit Court of Richland county.

      Messrs.

      Brucker Sr Cummins, for plaintiff in error.

      Mr. C. H. Workman, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers and Shauck, JJ., concur.


text:
    No. 11579.
    Coleman v. The Toledo & Ohio Central Railway Co.
    Decided November 23, 1909.
    Error to Circuit Court of Lucas county.

      Mr. G. B. Keppel, for plaintiff in error.

      Messrs. Doyle Sr Lewis, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11606.
    Erie Railroad Co. v. Coulter.
    Decided November 23, 1909.
    Error to Circuit Court of Columbiana county.

      Messrs. Hine, Kennedy & Manchester and Messrs. Billingsley & Clark, for plaintiff in error.

      Mr. Charles A. Clark and Messrs. Potts Sr Wells, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11800.
    Rose v. Baxter et al.
    Decided November 23, 1909.
    Error to Circuit Court of Franklin county.

      Mr. Thomas E. Powell and Messrs. Foran & Powell, for plaintiff in error.

      Mr. U. G. Denman, attorney general, and Mr. Clarence D. Laylin, for defendants in error.
   Judgment affirmed, no ground for equitable relief being shown.

Crew, C, J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11809.
    Seal v. Goebel, Executor, et al.
    Decided November 23, 1909.
    Error to Circúit Court of Hamilton county.

      Mr. Willard B. Stier and Mr. John C. Hermann, for plaintiff in error.

      Mr. J. B. Shroder; Messrs. Worthington & Strong and Mr. Edwards Ritche, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11821.
    Withrow v. The State, ex rel. Marvin.
    Decided November 23, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. William Worthington and Mr. F. F. Dinsmore, for plaintiff in error.

      Messrs. Burch & Johnson and Messrs. Thorndyke, Fredricks & Capelle, for defendant in error.
   Judgment affirmed for reasons stated in the opinion of the circuit court.

Summers, Davis, Shauck and Price, JJ., concur.


text:
    No. 11852.
    The Cleveland City Railway Co. v. Von Quiram.
    Decided November 23, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. J. P. Dawley and Messrs. Squire, Sanders & Dempsey, for plaintiff in error.

      Mr. Berkeley Pearce and Mr. W. PI. Boyd, for defendant in error.
   Judgment reversed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is reversed. And this court proceeding to render the judgment which said circuit court should have rendered, it is considered and adjudged that the judgment of the said court of common pleas be, and it hereby is, reversed, for the following reasons: First, for the admission of evidence as to the manner in which the plaintiff walked, pages 67 and 68 of the printed record; Second, for error' in the instructions to the jury in the following particulars: that, although in said charge the jury were correctly instructed that the “defendant did not insure the absolute safet of the plaintiff but did contract with her to employ a high degree of care and skill to carry her safely to her destination.” yet, in other portions of the charge, it gave and repeated the erroneous instruction that the defendant “engaged to carry her safely to her destination.”

Spear, Davis, Sháuck and Price, JJ., concur.


text:
    No. 10998.
    Hutton et al., Partners as W. E. Hutton & Co., v. Curry.
    Decided November 30, 1909.
    Error to Superior Court of Cincinnati.

      Messrs. Ernst & Cassatt, for plaintiffs in error.

      Mr. Thomas L. Michie, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur. Crew, C. J., Spear and Sitauck, JJ., dissent.


text:
    No. 11000.
    Mercer, Admr., v. White et al.
    Decided November 30, 1909.
    Error to Circuit Court of Columbiana county.

      Mr. George D. Ingram and Mr. Charles Boyd, for plaintiff in error.

      Mr. C. S. Speaker; Mr. F. E. Grosshans and Mr. George T. Farrell, for defendants in error,
   Judgmerit affirmed.

Crew, C. J., Summers, Spear, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11315.
    Duffy, an Infant, by etc., v. The Queen City Box Co.
    Decided November 30, 1909.
    Error to Circuit Court of Hamilton county.

      Messrs. Cogan & Williams, for plaintiff in error.

      Messrs. Robertson & Buchwalter, for defendant m error.
   Judgment reversed and judgment of the common pleas court affirmed.

Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11319.
    Howard, Admx., v. Bush et al.
    Decided November 30, 1909.
    Error to Circuit Court of Morgan county:

      Messrs. Barry & Lyne, for plainti ff in error.

      Messrs. Ivers & Danford, for defendants in error.
   Judgment affirmed.

Davis, Shauck and Price, JJ., concur.


text:
    No. 11321.
    The Sheets Printing & Manufacturing Co. v. The Springfield Underwriters Mutual Insurance Co.
    Decided November 30, 1909.
    Error to Circuit Court of Richland county.

      Messrs. Brucker & Cummins, for plaintiff in error.

      Mr. J. W. Mooney, for defendant in error.
   Judgment affirmed.

Crew, C. J., Spear, Davis, Spiauck and Price, JJ., concur.


text:
    No. 11335.
    McKinley et al. v. The State, ex rel. Webber, Prosecuting Attorney.
    Decided November 30, 1909.
    Error to Circuit Court of Franklin county.

      Mr. J. H. Dyer and Messrs. William, Williams & Taylor, for plaintiffs in error.

      Messrs. Webber, McCoy, King & Game, for defendant in error.
   Judgment- affirmed.

Summers, Spear, Shaucic and Price, JJ., concur.


text:
    No. 11338.
    Cellarius et al. v. Schleinitz et al.
    Decided November 30, 1909.
    Error to Circuit Court of Montgomery county.

      Mr. O. F. Davisson and Mr. W. FI. FI. Ecki, for plaintiffs in error.

      Mr. I. W. Kreitzcr and Messrs. McMahon & McMahon, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Summers, Davis, Shaucic and Price, JJ.,- concur.


text:
    No. 11343.
    Haupt v. Hazlett.
    Decided November 30, 1909.
    Error to Circuit Court- of Richland county.

      Messrs. Bozvers & Stephenson, for plaintiff in error.

      Mr. C. O. Shelter and Mr. A. A. Douglas, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Si-iaucic, JJ., concur.


text:
    No. 11344.
    City of Mansfield v. Newlon.
    Decided November 30, 1909.
    Error to Circuit Court of Richland county.

      Mr. Glenn M. Cummings, city solicitor, for plaintiff in error.

      Messrs. Douglass & Mengert, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers and Spear, JJ., concur.


text:
    No. 11345.
    Mills et al. v. Fry.
    Decided November 30, 1909.
    Error to Circuit Court of Vinton county.

      Mr. C. V. Wright and Mr. O. W. H. Wright, for plaintiffs in error.

      Mr. Henry W. Coultrap, for defendant in error.
   Judgment affirmed on authority of Martin, Admr., v. Jones et al., 62 Ohio St., 519.

Crew, C. J., Summers, Spear, Davis, Shauck: and Price, JJ., concur.


text:
    No. 11002.
    Marshall v. Marshall et al.
    Decided December 7, 1909.
    Error to Circuit Court of Wyandot county.

      Messrs. Meek & St alter, for plaintiff in error.

      Mr. D. C. Parker; Mr. W. P. Rowland and Messrs. Walton & Stecker, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Spiauck, JJ., concur.


text:
    No. 11004.
    Eavey Packing Company et al. v. The Weller Company.
    Decided December 7, 1909.
    Error to Circuit Court of Greene county.

      Mr. W. L. Miller, for plaintiffs in error.

      Mr. Charles L. Spencer and Messrs. Jones & James, for defendant in érror.
   Judgment affirmed.

Summers, Spear and Davis, JJ., concur.


text:
    No. 11008.
    The Mahoning Valley Railway Company v. Fisher.
    Decided December 7, 1909.
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel,' Wilson & Harrington, for plaintiff in error.

      Mr. Guy T. Ohl and Mr. William W.
      Zimmerman, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers and Spear, "JJ., concur.


text:
    No. 11095.
    Rogers, a Taxpayer, etc. v. The Cincinnati, Dayton & Toledo Traction Co.
    Decided December 7, 1909.
    Error to Superior Court of Cincinnati.

      Mr. Powel Crosley and Mr. John C. Rogers, for plaintiff in error.

      Mr. W. C. Shepherd and Mr. George H. Warrington, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11355.
    Wagar v. Knopf, alias Knapp.
    Decided December 7, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Tanney & Barber, for plaintiff in error.

      Messrs. Mathews & Or gill, for defendant in error.
   Judgment affirmed.

Crew, . C. J., Summers, Spear, Davis, Sriaucic and Price, JJ., concur.


text:
    No. 11357.
    The Board of Education of Green Township v. Brown, an Infant, by etc.
    Decided December 7, 1909.
    Error to Circuit Court of Hocking county.

      Messrs. Wright & Pettit, for plaintiff in error.

      Mr. O. W. PI. Wright, for defendant in error.
   Judgment reversed on authority of Board of Education v. Best, 52 Ohio St., 138.

Crew, C. J., Summers, Spear, Davis and Shaucic, JJ., concur.


text:
    No. 11362.
    Smith v. Teele et al.
    Decided December 7, 1909.
    Error to Circuit Court of Franklin county.

      Messrs. Addison, Sinks & Babcock, for plaintiff in error.

      Messrs. Arnold, Morton & Irvine and Mr. Q. R. Lane, for defendants in error.
   Judgment affirmed.

Crew, C. J., Spear imd Price, JJ., concur.


text:
    No. 11369.
    Price et al. v. Brooker.
    Decided December 7, 1909.
    Error to Circuit Court of Hocking county.

      Mr. O. W. H. Wright; Mr. John C. Pettit and Mr. Llarley M. Whiter oft, for plaintiffs in error.

      Mr. Edwin D. Ricketts and Mr. C. V. Wright, for defendant in error.
   Judgment vacated and cause remanded to the circuit court with instructions to consider and pass upon all the errors assigned.

Crew, C. J., Summers, Spear, Davis, Spiaucic and Price, JJ., concur.


text:
    No. 11370.
    The Baltimore & Ohio Southwestern Railroad Company v. Good et al.
    Decided December 7, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. L. W. Goss, for plaintiff in error.

      Messrs. Kelley & Hauck, for defendants in error.
   Judgment affirmed.

Crew, ' C. J., Spear and Price, JJ., concur. Summers, Davis and Spiauck, JJ., dissent.


text:
    No. 11385.
    Vulgamore, Jr., v. Daily.
    Decided December 7, 1909.
    Error to Circuit Court of Pike county.

      Messrs. Dougherty & Moore, for plaintiff in error.

      Messrs. Eylar ,& Douglas, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis and Shauck, JJ., concur.


text:
    No. 11664.
    Sprague, Receiver, v. The Memorial Association of Franklin County et al.
    Decided December 7, 1909.
    Error to Circuit Court of Franklin county.

      Mr. Louis J. Dolle; Mr. Dwight Harrison and Mr. Walter C. Taylor, for. plaintiff in error.

      Messrs. Webber, McCoy, King & Game; Mr. Harry L. Gordon; Messrs. Vorys, Safer, Seymour & Pease; Mr. Joseph H. Dyer; Mr. William Hartley Pugh; Mr. Elliott Pugh; Messrs. Outhwaite, Linn & Thurman,; Mr. Morrison R. Waite and Mr. G. J. Marriott, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Crew, C. J., Summers, Spear and Price, JJ., concur.


text:
    No. 11823.
    The Stark Electric Railroad Company v. Hemmingway.
    Decided December 7, 1909.
    Error to Circuit Court of Mahoning county.

      Messrs. Webber & Turner, for plaintiff in error.

      Mr. W. S. Anderson & Son, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11012.
    Powers, Trustee, et al. v. Moodey et al.
    Decided December 14, 1909.
    Error to Circuit Court of Lake county.

      Mr.

      Thomas O’Connor and Messrs. Kline, Tolies & Goff, for plaintiffs in error.

      Mr. George W. Alvord and Mr. F. J. Jerome, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers and Price, JJ., concur.


text:
    No. 11013.
    The Iron Railway Co. v. Anderson.
    Decided December 14, 1909.
    Error to Circuit Court of Lawrence county.

      Mr. Henry T. Hunt and Mr. A. R. Johnson, for plaintiff in error.

      Mr.'L. R. Andrews and Mr. Julius L. Anderson, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Dayis, Shauck and Price, JJ., concur.


text:
    No. 11019.
    Cockrell v. The Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
    Decided December 14, 1909.
    Error to Circuit Court of Logan county.

      Mr. A. Jay Miller and Mr. M. R. Brown, for plaintiff in error.

      Messrs. West & West, for defendant in error.
   Judgment affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is hereby, affirmed; for the reasons stated by the circuit court in its judgment reversing the judgment of the court of common pleas, and also for the reason that the court of common pleas erred in sustaining the plaintiff’s objection to the following question: “What risk, or hazard, or cause, or source of injury incident to transferring that cab from that push car on the 19th of April, 1905, was there that was known to the defendant company, or its foreman, Mr. Fisher, or could have been known by either, that was not known to the plaintiff, or that was not equally well known or obvious to the plaintiff as to the defendant company or its foreman?”

Crew, C. J., Summers, Davis, Shaucic and Price, JJ., concur.


text:
    No. 11046.
    Hall v. Bates et al.
    Decided December 14, 1909.
    Error to Superior Court of Cincinnati.

      Anne S. Hall, for plaintiff in error.

      Messrs. Bates & Meyer, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11106.
    Becker et al. v. Shoemaker et al.
    Decided December 14, 1909.
    Error to Superior Court of Cincinnati.

      Mr. Albert Bettinger, for plaintiffs in error.

      Mr. Charles B. Wilby, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11107.
    Steagall v. Bannon.
    Decided December 14, 1909.
    Error to Circuit Court of Scioto county.

      Mr. James S. Thomas, for plaintiff in error.

      Mr. Oscar W. Newman, for defendant in error.
   Judgment 'affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11115.
    Caldwell v. Minelli et al.
    Decided December 14, 1909.
    Error to Circuit Court of Pickawáy couniy. Mr. S. L. Patterson and Mr. Charles H. May, for plaintiff in error.

      Messrs. Abernethy & Folsom, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11125.
    Doelfs et al. v. The Star Oil & Gas Co. et al.
    Decided December 14, 1909.
    Error to Circuit Court of Knox county.

      Mr. W. M. Koons & Sons, for plaintiffs in error.

      Mr. F. O. Levering and Mr. L. B. Houck, for defendants in error.
   Judgment affirmed.

Summers, 'Davis and Price, JJ., concur.


text:
    No. 11386.
    King et al., Exrs., v. Smith.
    Decided December 14, 1909.
    .Error to Circuit Court of Perry county.

      Mr. M. A. Daugherty, for plaintiffs in error.

      Mr. John Ferguson and Mr. Owen Yost, for defendant in error.
   Judgment affirmed.

Crew, C. J., Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11396.
    The Phoenix Insurance Co. v. Petrie.
    Decided December 14, 1909.
    Error to Circuit Court of Mercer county.

      Mr. D. W. Bowman, for plaintiff in error.

      Messrs. Ford & Raudabaugh, for defendant in error.
   Judgment affirmed.

Crew, C. J;, Summers, Spear and Price, JJ., concur.


text:
    No. 11397.
    Hangen v. Lutz et al., Trustees.
    Decided December 14, 1909.
    Error to Circuit Court of Darke county.

      Messrs. Trainor & Trainor, for plaintiff in error.

      Messrs. Robeson & Yount, for defendants in error.
   Judgment affirmed.

Summers, Davis and Shauck, JJ., concur.


text:
    No. 11400.
    The Lake Erie & Western Railroad Co. v. Kayser.
    Decided December 14, 1909.
    Error to Circuit Court of Allen county.

      Mr. John B. Cockrum; Messrs. Richie & Richie and Mr. W. JJ. I^eete, for plaintiff in error.

      Messrs. McKenzie & Weadock, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear,- Davis, Shauck and Price, JJ., concur.


text:
    No. 11407.
    The W. A. Banks Company v. Stevens.
    Decided December 14, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. White, Johnson, McCqslin & Cannon, for plaintiff in error.

      Messrs. Weed, Miller & Nason, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11419.
    Grosse v. The Toledo Computing Scales Co. et al.
    Decided December 14, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. John C. Rogers, for plaintiff in error.

      Mr. Benton S. 0ppenheimer, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers and Shauck, JJ., concur.


text:
    No. 11023.
    Wagenhals v. The United States Building Co. et al.
    Decided December 21, 1909.
    Error to Circuit Court of Franklin county.

      Mr. Cyrus Hiding and Mr. J. M. Sheets, for plaintiff in error.

      Mr. John J. Lents; Mr. John D. Karns; Mr. S. C. Jones and Mr. James M. Hengst, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis, Si-iauck' and Price, JJ., concur.


text:
    No. 11025.
    Myers, Trustee, v. Samuels et al.
    Decided December 21, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Squire, Sanders & Dempsey; Mr. Amos Burt Thompson and Messrs. White, Johnson, McCaslin & Cannon, for plaintiff in error.

      Mr. Allan T. Brinsmade; Mr. Aaron Hahn and Mr. Herman Preusser, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers and Price, JJ., concur.


text:
    No. 11026.
    The Cincinnati Traction Co. v. Nellis.
    Decided December 21, 1909.
    Error to Superior Court of Cincinnati.

      Messrs. Kinkead, Rogers & Ellis, for plaintiff in error.

      Mr. Guido Gores; Mr. Charles. M. Cist; Mr. A. W. Goldsmith and Messrs. Colston, Goldsmith & Hoadly, for defendant in error.
   Judgment reversed.

Grounds stated in journal entry.

This court is of opinion that the trial court committed error in giving in charge to the jury plaintiff’s request No. 8, to be found on page 246 of the printed record.

The court is further of opinion that while the general 'charge to the jury appears to be a clear statement of the law applicable to the case, yet much of the substance of plaintiff’s requests numbered 1, 3, 5 and 7 are repeated in the general charge, a practice which tends to give undue importance to those features, and is open to objection, especially in a case where the sympathies of the triers are naturally with the'injured party.

It is therefore considered and adjudged that the judgment of the superior court in general term be reversed for affirming the judgment of the said court at special term; that the judgment of the superior court at special term be reversed and the case be remanded to that court for further proceedings according to law.

Crew, C. J., Spear, Davis and Shauck, JJ., concur.


text:
    No. 11050.
    Zinn v. Martin.
    Decided December 21, 1909.
    Error to .Superior Court of Cincinnati.

      Mr. Aaron A. Ferris, for plaintiff in error.

      Mr. Jno. M. Thomas, Jr., tor defendant m error.
   Judgment affirmed.

Crew, C. J., Davis, Shauck and Price, JJ., concur.


text:
    No. 11144.
    The Cincinnati & Columbus Traction Co. v. Herman.
    Decided December 21, 1909.
    Error to Circuit Court of Clermont county.

      Mr. C. B. Matthews and Mr. Eli H. Speidel, for plaintiff in error.

      Mr. D. W. Murphy and Messrs. Nichols & Nichols, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11346.
    The P. Smith Sons Lumber Co. v. Kennard et al.
    Decided December 21, 1909.
    Error'to Circuit'Court of Morgan county.

      Messrs. Kibler & Montgomery and Messrs. Ivers & Dan-ford, for plaintiff in error.

      Mr. Charles H. Fonts and Mr. L. J. Weber, for defendants in error.
   Judgment affirmed.

Crew, C. J., Spear and Davis, JJ., concur.


text:
    No. 11376.
    Brate, Auditor, v. The State, ex rel. Burdsall.
    Decided December 21, 1909.
    Error to Circuit Court of Butler county.

      Mr. R. S. Woodruff, prosecuting attorney, and Mr. Ed. H. Jones, for plaintiff in error.

      Mr. M. O. Burns, for defendant in error.
   Judgment affirmed.

Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11408.
    The Springfield Gas Co. v. The City of Springfield.
    Decided December 21, 1909.
    Error to Circuit Court of Clark county.

      Messrs. Martin & Martin, for plaintiff in error.

      Mr. Roger V. Smith, city solicitor, and Mr. Stewart L. Tatum, for defendant in error.
   Judgment affirmed.

Spear, Davis and Price, JJ., concur. Summers, J., not participating.


text:
    No. 11412.
    Byal v. The Toledo Urban & Interurban Railway Co. et al.
    Decided December 21, 1909.
    Error to Circuit Court of Hancock county.

      Mr. John Sheridan, for plaintiff in error.

      Messrs. J. A. & E. V. Bope, for defendants in error.
   Judgment affirmed.

Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11421.
    Risiden v. Rau, Exrx.
    Decided December 21, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. Stanley Matthews and Messrs. Burch, Peters & Matthews, for plaintiff in error.

      Messrs. Cormany & 'Cormany and Mr. John J. Gasser, for defendant in error.
   Judgment reversed, the order to which error was prosecuted not being a final order within the meaning of Section 6707, Revised Statutes, and this cause is remanded to the court of common pleas for further proceedings according to law.

Crew, C. J., Summers, Davis and Shauck, JJ., concur.


text:
    No. 11422.
    Wright v. The State on Complaint of Simpson.
    Decided December 21, 1909.
    Error to Circuit Court of Licking county.

      Messrs. Kibler & Montgomery, for plaintiff in error.

      Messrs. Smythe & Smythe, for defendant in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis, and Shauck, JJ., concur.


text:
    No. 11426.
    The Bigalow Fruit Co. v. Rich et al., Partners.
    Decided December 21, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. IJigley, Maurer & Dautel, for plaintiff in error.

      Mr. Chas. M. Buss and Messrs. Kline, Tolies & Goff, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers and Davis, JJ., concur.


text:
    No. 12036.
    Maraldi v. The City of Lorain.
    Decided December 21, 1909.
    Error to Circuit Court of Lorain county.

      Messrs. Thompson, Glitsch & Cinniger and Mr. C. F. Adams, for plaintiff in error.

      Mr. S. H. Williams; Mr. J. F. Strenick and Mr. F. M. Stevens, for defendant in error.
   Judgment affirmed.

Summers, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11054.
    The H. Wetter Manufacturing Co. v. The Kenton Baking Powder Co.
    Decided December 23, 1909.
    Error to Superior Court of Cincinnati.

      Messrs. Harmon, Colston, Goldsmith & Hoadly, for plaintiff in error.

      Mr. C. B. Matthews and Mr. Joseph W. O’Hara, for defendant in error.
   Judgment reversed and judgment of superior court in special term affirmed.

Crew, C. J. Summers, Spear and Price, JJ., concur.


text:
    No. 11437.
    Roman et al. v. Leonard et al., Partners.
    Decided December 23, 1909.
    Error to Circuit Court of Columbiana county.

      Mr. W. S. Emmons, for plaintiffs in error.

      Mr. S. W. Ramsey, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Spear, Davis and Price, JJ., concur.


text:
    No. 11439.
    McElroy v. The Pennsylvania Co. et al.
    Decided December 23, 1909.
    Error to. Circuit Court of Jefferson county.

      Mr. P. P. Lewis, for plaintiff in error.

      Messrs. Carey & Mullins; for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis, Shaucic and Price, JJ., concur.


text:
    No. 11440.
    Christy v. The Columbus National Bread Co. et al.
    Decided December 23, 1909.
    Error to Circuit Court of Franklin county.

      Messrs. Kahle, Grubb & Moore, for plaintiff in error.

      Mr. R. W. McCoy and Mr. C. E. Ellis, for defendants in error.
   Judgment affirmed.

Crew, C. J., Summers, Davis and Price, JJ., concur.


text:
    No. 10947.

    Andrews et al. v. Barber, Exr., et al.
    Decided January 11, 1910.
    Error to Circuit Court of Lucas county.

      Messrs. Brown, Geddes, Schmettau & Williams and Mr. Donn C. Mitchell, for plaintiffs in error.

      Mr. Curtis T. Johnson; Messrs. Smith & Beckwith and Messrs. Solders, Thayer & Mansñeld, for defendants in error.
   On rehearing. Former judgment adhered to.

Summers, C. J., Spear and Price, JJ., concur.


text:
    No. 11053.
    The Wheeling & Lake Erie Railroad Co. v. The Toledo Railway & Terminal Co.
    Decided January 11, 1910.
    Error to Circuit Court of Lucas county.

      Messrs. Squire, Sanders & Dempsey and Mr. C. A. Seiders, for plaintiff in error.

      Messrs. King, Tracy, Chapman & Welles, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear and Price, JJ., concur.


text:
    No. 11443.
    Fox v. Fox, by etc.
    Decided January 11, 1910.
    Error to Circuit Court of Hancock county.

      Mr. James P. Mourer and Mr. Jesse Stephens, for plaintiff in error.

      Mr. John D. Snyder and Mr. Hiram Van Campen, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11444.
    Devore v. The Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
    Decided January 11, 1910.
    Error to Circuit Court of Harrison county.

      Messrs. Hollingsworth & Worley, for plaintiff in error.

      Messrs. Dunbar & Sweeney and Mr. Albert O. Barnes, for defendant in error.
   Judgment affirmed on the ground that the plaintiffs evidence clearly raised a presumption of contributory negligence which was not removed.

Summers, C. J., Spear, Davis and Price, JJ., concur.


text:
    No. 11447.
    The Board of Education of Ruggles Township School District v. The State, ex rel. Thudium et al.
    Decided January 11, 1910.
    Error to Circuit Court of Ashland county.

      Mr. George J. Fry, prosecuting attorney, and Mr. W. S. Kerr, for plaintiff in error.

      Messrs..

      McCray & McCray and Mr. H. A. Mykrantz, for defendants in error.
   Judgment reversed and petition dismissed.

Summers, C. J., Crew, Spear, 'Shauck and Price JJ., concur.


text:
    No. 11450.
    The State, ex rel. Chadwick, v. Lea et al.
    Decided January 11, 1910.
    Error to Circuit Court of Delaware county.

      Messrs. Marriott & Freshwater, for plaintiff in error.

      Mr. F. A. McAllister; Messrs. Jezvell & Benton and Messrs. Ezvalt, Schaffer & Ferenbaugh, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew and Price, JJ., concur.


text:
    No. 11452.
    The Board of Education of Gilboa Village School District v. The Board of Education of Blanchard Township School District.
    Decided January 11, 1910.
    Error to Circuit Court of Putnam county.

      Mr. George W. Fritz and Mr. W. W. Sutton, for plaintiff in error.

      Messrs. Bailey & I.easure, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew and Price, JJ., concur.


text:
    No. 11460.
    Meek v. McGorray, Sheriff.
    Decided January 11, 1910.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Miller & Linder, for plaintiff in error.

      Mr. I. Grohs and Mr. William E. Gunn, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew and Price, JJ., concur.


text:
    No. 11462.
    Henderson v. Peter.
    Decided January 11, 1910.
    Error to Circuit Court of Holmes county.

      Mr. David T. Simpson, for plaintiff in error.

      Messrs. Stilwell & Bailey, for defendant in error.
   Judgment affirmed.

Summers, C. J., Spear, Davis, Shaucic and Price, JJ., concur.


text:
    No. 11570.
    Klinek et al., Exrs., v. Maguire.
    Decided January 11, 1910.
    Error to Circuit'Court of Hamilton county.

      Mr. Franklin T. Cahill, for plaintiffs in error.

      Messrs. Healy, Ferris & McAvoy, for defendant in error.
   Judgment affirmed.

Crew, Spear and Shaucic, JJ., concur.


text:
    No. 11590.
    Loy, Admx., v. The Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
    Decided January 11, 1910.
    Error to Circuit Court of Shelby county.

      Messrs. Wicoff, Emmons & Needles; Messrs. Elliott & Elliott; Mr. Wymond J. Beckett and Messrs. Pugh & Pugh, for plaintiff in error.

      Messrs. Wilson & West; Mr. L. J. Hackney and Mr. Andrezu J. Fless, for defendant in error.
   Judgment affirmed.

Summers, C. J., Davis, Shauck and Price, JJ., concur.


text:
    No. 9921.
    The State, ex rel. Bodey, v. Clark et al.
    Decided January 18, 1910.
    Error to Circuit Court of Champaign county.

      Mr. E. L. Bodey; Mr. H. F. MacCracken and Mr. L. D. Johnson, for plaintiff in error.

      Mr. George Waite and
      Mr. C. B. Heiserman, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis, Sitauck and Price, JJ., concur.


text:
    No. 11136.
    Diehl v. Huffman et al.
    Decided January 18, 1910.
    Error to Circuit Court of Clark county.

      Mr. George S. Dial and Messrs. Bowman & Bozvman, for plaintiff in error.

      Messrs. Keifer & Keifer, for defendants in error.
   Judgment reversed and judgment for plaintiff in error on authority of Railroad Co. v. Village of Roseville, 76 Ohio St., 108, and District of Columbia v. Robinson, 180 U. S., 92.

Summers, C. J., Crew, Davis and Spiauck, JJ., concur.


text:
    No. 11390.
    The Incorporated Village of Madisonville v. Sauer et al.
    Decided January 18, 1910.
    Error to Circuit Court of Hamilton county.

      Mr. H. W. Vordenberg; Mr. Louis A. Ireton and Mr. Walter M. Schoenle, for plaintiff in error.

      Mr. W. A. Hicks and Mr. W. F. North, for defendants in error.
   Judgment of the circuit court reversed and judgment of the court of common pleas affirmed on authority of State of Ohio v. Carter, 67 Ohio St., 422.

Summers, C. J., Crew, Davis, Si-iaucic and Price, JJ., concur.


text:
    No. 11468.
    The City of Columbus et al. v. Pugh et al.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city-solicitor, and Messrs. Weinland,

      Hoover, Carter & Davies, for plaintiffs in error.

      Messrs. Arnold, Morton & Irvine, for defendants in error.
   Judgment affirmed.

Spear, Davis, Shauck and Price, JJ., 'concur. Summers, C. J., dissents.


text:
    No. 11469.
    The City of Columbus et al. v. Irvine.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Messrs. W-einland, Hoover, Carter & Davies, for plaintiffs in error.

      Messrs'. Arnold, Morton & Irvine, for defendant in error.
   Judgment affirmed.

Spear, Davis, Shauck and Price, JJ., concur. Summers, C. J., dissents.


text:
    No. 11470.
    The City of Columbus et al. v. Krigbaum.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error.

      Messrs. Arnold, Morton & Irvine, for defendant in error.
   Judgment affirmed.

Spear, Davis, Shauck and Price, JJ., concur. Summers, C. J., dissents.


text:
    No. 11471.
    The City of Columbus et al. v. Bonebrake.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in. error.

      Messrs. Arnold, Morton & Irvine, for defendant •in error.
   Judgment affirmed.

Spear, Davis, Spiauck and Price, JJ., concur. Summers, C. J., dissents.


text:
    No. 11472.
    The City of Columbus et al. v. Stephenson et al.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error.

      Messrs. Arnold, Morion & Irvine and Messrs. Marriott, Belcher & Connors, for defendants in error.
   Judgment affirmed.

Spear, Davis, Spiauck and Price, JJ., concur. Summers, C. J., dissents.


text:
    No. 11473.
    The City of Columbus et al. v. Vogle.
    Decided January 18, 1910.
    Error to Circuit Court of.Franklin county.

      Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error.

      Messrs. Arnold, Morton & Irvine, for defendant in error.
   Judgment affirmed.

Spear, Davis, Sitauck and' Price, JJ., concur. Summers,- C. J., dissents.


text:
    No. 11474.
    The City of Columbus et al. v. Pugh.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city' solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error.

      Mr. Walter B. Page, for defendant in- erron
   Judgmerit affirmed.

Spear, Davis, Shauck and Price, JJ., concur. Summers, C. J., dissents.


text:
    No. 11475.
    Phelps et al. v. The Fidelity & Deposit Co. of Maryland.
    Decided January 18, 1910.
    Error to Circuit Court of FEancock county. Mr. George H. Phelps and Mr. William L. David,. for plaintiffs in error.

      Messrs. Burket & Burket, for defendant in error.
   Judgment affirmed.

Summers, C. J., Davis, Shauck and Price, JJ., concur.


text:
    No. 11477.
    The City of Cleveland v. McGovern.
    Decided January 18, 1910.
    Error to Circuit Court of Cuyahoga county.

      Mr. Newton D. Baker, city solicitor, and Messrs. Wilcox, Wilkin, Stevens & Locher, for plaintiff in error.

      Messrs. Hart, Canfield & Croke, for defendant in error.
   Judgment of the circuit court reversed and judgment of ihe court of common pleas affirmed.

Summers, C. J., Crew, Spear, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11480.
    Hole, Guardian, v. The Cincinnati, Dayton & Toledo Traction Co.
    Decided January 18, 1910.
    Error to Circuit Court of Butler county,

      Mr. Henry T. Hunt- and Mr¡ Edgar A. Belden, for plaintiff in error.

      Mr. W. A. Shepherd, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Davis, Shauck and Price, JJ., concur.


text:
    No. 11483.
    The City of Toledo v. Bangor.
    Decided January 18, 1910.
    Error to Circuit Court of Lucas county.

      Mr. Charles S. Northup, city solicitor, and Mr. Charles H. Masters, for plaintiff in 'error.

      Messrs. Sala & Carabin, for defendant in error.
   Judgment of the circuit court reversed

and judgment of the court of common pleas affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed on the ground that while the doctrine of Railway Co. v. Frye, 80 Ohio St., 289, is adhered to, it is without application in the present case. And this court proceeding to render the judgment the circuit court should have rendered, it is considered and adjudged that the judgment of said court of common pleas be, and the same hereby is, affirmed.'

Summers, C. J., Crew, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11485.
    Jacobs v. The City of Norwalk.
    Decided January 18, 1910.
    Error to Circuit Court of Huron county.

      Mr. Stephen M. Young, for plaintiff in error.

      Mr. W. R. Primer, city solicitor; Mr. J. R. McKnight and Mr. A. V. Andrezvs, for defendant in error.
   Judgment affirmed.

Summers, C. J.,, Davis, Sitauck and Price, JJ., concur.


text:
    No. 11764.
    The Toledo Shipbuilding Co. v. Schupp.
    Decided January 18, 1910.
    Error to Circuit Court of Lucas county.

      Mr.. Garrett

      Stevens and Mr. Frank FI. Geer, for plaintiff in error.

      Mr. Stephen Brophy and Messrs. Marshall & Fraser, for defendant in error.
   Judgment of the circuit court reversed and judgment of the. court of common pleas affirmed.

.Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11862.
    The State, ex rel. Unverferth, Prosecuting Attorney, v. Owens.
    Decided January 18, 1910.
    Error to Circuit Court of Putnam county.

      Mr. U. G. Denman, attorney general: Mr. W. II. Miller and Mr. J. W. Smith, prosecuting attorney, for plaintiff in error.

      Messrs. Bailey & Leasure, for defendant in error.
   Judgment of the circuit court affirming the judgment of the court of common pleas in sustaining demurrer to the first cause of action is reversed and the demurrer to the first cause of action overruled. Judgment.of the circuit court reversing the judgment of the court of common pleas in sustaining the demurrer to the second’ cause of action is affirmed and the demurrer to the second cause of action overruled.

Summers, C. J., Crew, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 12007.
    The Cincinnati, Lawrenceburg & Aurora Electric Street Railway Co. v. Barrow, Admx.
    Decided January 18, 1910.
    Error to Circuit Court of Plamilton county.

      Messrs. Robertson & Buchwalter, for plaintiff in error.

      Mr. Dudley P. Wayne and Mr. W. A.

      Hicks, for defendant in error.
   Judgment affirmed.

Crew, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 12029.
    The City of Cincinnati v. DuBruhl.
    Decided January 18, 1910.
    Error to Circuit Court of Plamilton county.

      Mr. Edzvard M. Ballard, city solicitor, and Mr. Dudley V. Sutphin, for plaintiff in error.

      Mr. A. W. Bruck and Mr. P. S. Phillips, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 12128.
    Noble, Auditor, v. The State, ex rel. Slabaugh et al.
    Decided January 18, 1910.
    Error to Circuit Court of Franklin county.

      Messrs. Marshall & Weinland, for plaintiff in error.

      Messrs. Williams, Williams, Taylor & Nash and Mr. Herbert M. Myers, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Davis, Si-iauck and Price, JJ., concur.


text:
    No. 8565.
    The Wheeling & Lake Erie Railroad Co. v. The Toledo Railway & Terminal Co.
    Decided January 25, 1910.
    Error to Circuit Court of Lucas county.

      Messrs. Squire, Sanders & Dempsey; Messrs. Seiders & Monnette and Messrs. Smith & Beckwith, for plaintiff in error.

      Messrs. King & Tracy, Messrs. Hamilton & Kirby and Messrs. Brozvn, Geddes, Schmettau & Williams,, for defendant in error.
   Judgment afr firmed.'

Summers, C. J., Crew,' Spear- Davis, Si-iauck arid' Price, JJ., concur.


text:
    No. 8566.
    The Toledo Belt Railway Co. et al. v. The Toledo Railway & Terminal Co.
    Decided January 25, 1910.

      Messrs. Squire, Sanders & Dempsey; Messrs. Smith & Beckwith and Messrs. Seiders & Monnette-, for plaintiffs in. error.

      Messrs. Hamilton & Kirby; Messrs. Brozvn, Geddes, Schmettau & Williams and Messrs. King & Tracy, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear,. Davis,Shauck and Price, JJ., concur.


text:
    No. 11160.
    Sands v. The Forest City Savings & Trust Co., Receiver.
    Decided January 25, 1910.
    Error-to Circuit Court of--Cuyahoga county.

      Messrs. McGrath & Stern, for, plaintiff in error.

      Messrs. Smith, Taft & Arter, for defendant in error.
   Judgment affirmed.

Summers, C. J., Davis and Price, JJ., concur.


text:
    No. 11162.
    The Erie Railroad Co. v. The Phoenix Electric Manufacturing Co.
    Decided January 25, 1910.
    Error to Circuit Court of Richland county.

      Messrs. Cummings, McBride & Wolfe and Messrs. Cushing & Siddall, for plaintiff in error.

      Messrs. Kerr & LaDozv, for defendant in error.
   Judgment affirmed.

Crew, Spear and Shauck, J-J.,- concur."


text:
    No. 11164.
    Daley et al. v. O’Leary et al., Exrs., et al.
    Decided January 25, 1910.
    Error to Circuit Court of Cuyahoga county.

      Mr. Louis J. Grossman and Mr. Walter C. Ong, for plaintiffs in error.

      Messrs. Hart, Canfield & Croke, for defendants in error.
   Judgment affirmed, the printed record not sufficiently showing the error complained of.

Crew, Spear and Shaück, JJ., concur.


text:
    No. 11168.
    Calhoun v. Beaver Trust Co.
    Decided January 25, 1910.
    Error to Circuit Court of Columbiana county.

      Mr. W. H. Spence, for plaintiff in error.

      Mr. L. T. Farr and Mr. H. B. Hartford, for defendant in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11169.
    The State, for the use and benefit of Richland county, by Huston, Prosecuting Attorney, v. Esswein et al.
    Decided January 25, 1910.
    Error to Circuit Court of Richland county.

      Mr. Lewis Brucker; Mr. G. M. Sidles and Mr. W. H. Bowers, for plaintiff in error.

      Mr. George E. Crane; Mr. John J. Adams; Messrs. Vorys, Safer, Seymour & Pease; Mr. C. H. Workman and Mr. S. M. Douglass, for defendants in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11184.
    Potter v. Beverstock et al.
    Decided January 25, 1910..
    Error to Circuit Court of Wood county. Mr. P. C. Prentiss and Messrs.

      Baldwin & Harrington, for plaintiff in error.

      Messrs. James & Kelly; Mr. Edward Beverstock and Messrs. Troup & Riegle, for defendants in error.
   Judgment affirmed.

Summers, C. J., Davis and Price, JJ., concur.


text:
    No. 11202.
    McCoy, Admr., v. Lydy, Admr., et al.
    Decided January 25, 1910.
    Error to Circuit Court of Fayette county.

      Mr. Joseph H. Harper; Mr. F. A. Chaffin and Messrs. Post & Reid, for plaintiff in error.

      Mr. John Logan and Mr. Mills Gardner, for defendants in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11209.
    Baumgardner et al., Partners as L. S. Baumgardner & Co., v. Krolik et al., Partners as The Independent Rubber Co.
    Decided January 25, 1910.
    Error to Circuit Court of Wood county.

      Messrs. Chittenden & Chittenden, for plaintiffs in error.

      Messrs. Baldwin & Harrington and Messrs. Chittenden & Chittenden, 'for defendants in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11231.
    Glenn et al. v. Eicher, Admr., et al.
    Decided January 25, 1910.
    Error to Circuit Court of Hamilton county.

      Mr. John J. Gasser, for plaintiffs in error.

      Messrs. Closs & Leubbert and Mr. Jacob Krummel, for defendants in, error.
   Judgment affirmed.

Summers, C. J., .Davis and Price, JJ., concur.


text:
    No. 11491.
    Schumacher v. Staniland et al., Partners.
    Decided January 25, 1910.
    Error to Circuit Court of Montgomery county.

      Mr. W. A. Hallanan, for plaintiff in error.

      Messrs. Murphy, Elliff & Emanuel, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Davis, Shauck and Price, JJ., concur.


text:
    No. 11494.

    Stoll v. The Cleveland, Lorain & Wheeling Railway Co.
    Decided January 25, 1910.
    Error to Circuit Court of Summit county.

      Mr. Andrew J. Wilhelm and Mr. Edwin F: Voris, for plaintiff in error.

      Mr. J. M. Lessick and Mr. W. R. Talbot, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis, .Shauck and Price, JJ., concur.


text:
    No. 11496.
    Lentz et al. v. Lentz.
    Decided January 25, 1910.
    Error to Circuit Court of Putnam county.

      Mr. W. W. Sutton and Mr. 'George Frits, for plaintiffs in error.

      Messrs. Cole,

      Williams & Cole and Messrs. Handy & Uñverferth, for defendant in error.
   Judgment'affirmed.

Summers, C. J., Crew, Spear, Davis, Shauck and Price, jj.-,-concur.


text:
    No. 11497.
    The State, ex rel. Meyer, v. Buckingham.
    Decided January 25, 1910.
    Error to Circuit Court of Putnam county.

      Mr. W. W. Sutton and Mr. George Frits, for plaintiff in error.

      Mr. E. F. Weiser, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis, Spiauck and Price, JJ., concur.


text:
    No. 11501.
    In re Insolvency of Stein-Fouilloux Company.
    Decided January 25, 1910.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Carr, Stearns, Chamberlain & Roy on, for plaintiff in error.

      Mr. Fred E. Bruml, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis, Shaucic and Price, JJ., concur.


text:
    No. 11504.
    Brown v. Gantz.
    Decided January 25, 1910.
    Error to Circuit Court of Miami county.

      Messrs. .Kerr & Kerr, for plaintiff in error.-

      Mr. L. O. Flarbaugh and Mr. T. B. Kyle, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis, Shaucic and Price, JJ., concur.


text:
    No. 11505.
    Sterling v. Gillespie.
    Decided January 25, 1910.
    Error to Circuit Court of Wood county.

      Mr. John W. Grabiel and Messrs. James & Kelly, for plaintiff in error.

      Mr. N. R. JJarrington, for defendant in error.
   Judgment affirmed.

Summers, C. J:, Crew, 'Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11804.
    Brown, Mayor, v. The State, ex rel. Lauer.
    Decided January 25, 1910.
    Error to Circuit Court of Richland county.

      Mr. L. D. Barr and Messrs. Cummings, McBride & Wolfe, for plaintiff in error.

      Mr. T. R. Robison, for defendant in error.
   Judgment reversed and petition dismissed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed and the petition is dismissed. The mayor was without original jurisdiction to remove Lauer (The State, ex rel. Mayor, v. Baldwin, 77 Ohio St., 532), but upon the undisputed evidence Lauer had not taken the examination for station house keeper and was, therefore, ineligible to appointment, and the order for his reinstatement should have been refused and the petition'dismissed (Holbrock v. Smedley, 79 Ohio St., 391).

Summers, C. J., Crew, Davis, Shauck and Price, JJ., concur.


text:
    No. 11058.
    Ridings v. Chaney et al.
    Decided February 1, 1910.
    Error to Circuit Court of Clermont county.

      Messrs. Davis & Davis; Mr. W. F. Roudebiish and Mr. W. A. Rotidebush, for plaintiff in error.

      Messrs. FLayes & Szvain and Messrs. Frasier & Hicks, for defendants in error.
   Judgment affirmed.

Crew, Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11197.
    Kling et al., Partners, v. Jamison et al., Partners.
    Decided February 1, 1910.

      Error to Circuit Court of Darke county.

      Messrs. Robeson & Yount and Messrs, Fitzgerald & Sprigg, for plaintiffs in error.

      Messrs. Marts & Hughes and Mr. George W. Mannix, Jr., for defendants in error.
   Judgment reversed and cause-remanded for new trial. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed for .error in not reversing the judgment of the court of common pleas for error in overruling the motion for a new trial on the ground that that court erred in receiving the verdict and discharging the jury without recluir ing the jury to answer the tenth interrogatory. And this court proceeding to render the judgment that said circuit court should have rendered, it is ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed for error in overruling the motion for a new trial on the ground that that court erred in receiving the verdict and discharging the jury without requiring the jury to answer interrogatory number ten, and this cause is remanded to the court of common pleas for a new trial.

Summers, C. J., Davis, Shauck and Price, JJ., concur.


text:
    No. 11203.
    The City of Cleveland et al. v. Johnson.
    Decided February 1, 1910.
    Error to Circuit Court of Cuyahoga county.

      Mr. Nezvton D. Baker, city solicitor, and Messrs. Wilcox, Wilkin, Stevens & I.ocher, for plaintiffs in error.

      Messrs. Ford, Snyder & Tilden, for defendant in error.
   Judgment reversed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed and this court proceeding to render the judgment which said circuit court should have rendered upon the facts by it found, it is. considered and adjudged that the original petition of said T. H. Johnson, defendant in error, be, and it hereby is, dismissed, for the reason that said Johnson by signing the petition to the municipal council for the improvement embracing the sidewalk as a part of'the street improvement waived the right which he sought' to enforce in this case.

Summers, C. J., Crew, Spear, Davis and Si-iauck, JJ., concur.


text:
    No. 11212.
    The National City Bank of Cleveland v. Sutliff & Gott.
    Decided February 1, 1910.
    Error to Circuit: Court of Cuyahoga county.

      Messrs. Squire, Sanders & Dempsey, for plaintiff in error.

      Messrs. Miller & Linder, for defendants in error.
   Judgment affirmed.

Summers, C. J., Davis and Price, JJ., concur.


text:
    No. 11223.
    The Village of Toronto v. Stevens.
    Decided February 1, 1910.
    Error to Circuit Court of Jefferson county.

      Mr. P. A.. Gavin and Mr. J. Oscar Naylor, for plaintiff in error.

      Mr. John IV. Porter and Mr. P. P. Lewis,for defendant in error.
   Judgment affirmed.

Crew, Spear and Si-iauck, JJ., concur.


text:
    No. 11273.
    The Ohio Wheel Co. v. Lynch et al.
    Decided February 1, 1910.
    Error to Circuit Court of Van Wert county

      Mr. Horace A. Reeve; Mr. O. A., Balyeat and Mr; IT. L: Conn, for plaintiff in error.

      Mr. H. C. Glenn', for' defendants in-error.
   Judgment affirmed.

Summers/ C. J., Davis and Price, JJ., concur.


text:
    No. 11274.
    The Ohio State Journal Co. v. The State, ex rel. Peters.
    Decided February 1, 1910.
    Error to Circuit Court of Franklin' county.

      Mr. Fred C. Rector and Mr. S. W. Bennett, for plaintiff in error.

      Mr. Thomas FI. Clark and Mr. James M. Schooler, for defendant in error:
   Judgment affirmed.

Crew, Spear -and Si-iauck, JJ'., concur.


text:
    No. 11502.
    Lynch v. The Ohio Wheel Co.
    Decided February 1, 1910.
    Error, to Circuit Court of Van Wert county.

      Mr. H. C. Glenn, for plaintiff in error.-

      Mr.- FI. A. Reeve;'Mr. H. L. Conn apd Mr. O. A. Balyeat, for defendant in error.
   Judgment affirmed.

Summers, C. J., -Davis and Price, JJ., concur.


text:
    No. 11507.
    The Lake Erie & Western Railroad Co. v. Good, Admr., et al.
    Decided February 1, 1910.
    Error to Circuit Court of Mercer county.

      Air. John B. Cockrum; Mr. Walter B. Richie and Mr. John W. Joree, for plaintiff in error.

      Messrs. Ford & Ruudaibaugh, for defendants in error.
   On petition in error, judgment affirmed.

Crew, Spear and Price, JJ., concur.

On cross-petition in error, judgment against cross-petitioner reversed as per journal entry.

Summers, C. J., Davis, Sitauck and Price, JJ., concur.

It is ordered and adjudged by this court, that the judgment of said circuit court be, and the same is hereby, affirmed as to the plaintiff in error, The Lake Erie & Western Railroad Company, and on the cross-petition in error, the judgment is reversed, and the petition dismissed as to the cross-petitioner in error, Reuben Hickock, Crew, Spear and Price, JJ., being of the opinion that the judgment as to the railroad company should be affirmed; Summers, C. J., Davis and Shauck, JJ., being of the opinion that upon the undisputed evidence the negligence of the decedent, Arminda Good, contributed as a proximate cause to her death, and Price, J., being of the opinion that a cause of action was not proven against the defendant Hickock.


text:
    No. 11510.
    Stark, Admr., v. The Lake Shore & Michigan Southern Railway Co.
    Decided February 1, 1910.
    Error to Circuit Court of Lorain county.

      Mr. Fred F. Thomas, for plaintiff in error.

      Messrs. E. G., IT. C. & T. C. Johnson and Mr. N. D. Doughman, for defendant in error.
   Judgment affirmed.

Summers, C. J., Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11511.
    McRoberts et al. v. Barnard et al.
    Decided February 1, 1910.
    Error to Circuit Court of Lorain county.

      Mr. C. R. Summers, for plaintiffs in error.

      Messrs. Stroup & Fauver, for defendants in error.
   Judgment affirmed.

Summers, C. J., Spear, Davis and Price, JJ., concur.


text:
    No. 11514.
    Murphy v. The Marion Malleable Iron Co. et al.
    Decided February 1, 1910.
    Error to Circuit .Court of Marion county.

      Messrs. Copeland & Bartram and Mr. William P. Maloney, for plaintiff in error.

      Messrs. Jacoby & Donithen and Messrs. Scofield, Durfee & Scofield, for defendants in error.
   Judgment affirmed.

Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11792.
    The Sun Publishing Co. v. Clark.
    Decided February 1, 1910.
    Error to Circuit Court of Clark county.

      Mr. John M. Cole and Mr. Burt Rabbitts, for plaintiff in error.

      Messrs. Stafford & Arthur, for defendant in error.
   Judgment affirmed.

Spear, Davis, Shauck and Price, JJ., concur.


text:
    No. 11870.
    The Toledo Railways & Light Co. v. Klink.
    Decided February 1, 1910.
    Error to Circuit Court of Lucas county.

      Messrs. Smith & Baker, for plaintiff in error.

      Mr. O. S. Brumback and Mr. Thomas F. Connell, for defendant in error.
   Judgment reversed and judgment of the court of common pleas affirmed.

Summers, C. J., Crew, Spear and Davis, JJ., concur.


text:
    No. 12044.
    Ireton et al. v. The State, ex rel. Hunt, Prosecuting Attorney.
    Decided February 1, 1910.
    Error to Circuit Court of Hamilton county.

      Mr. Frank F. Dinsmore and Mr. Stanley Struble, for plaintiffs in error.

      Mr. Henry T. Hunt, prosecuting attorney; Mr. Alfred ,Bettman and Mr. Stanley W. Merrell, for defend-ant in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11060.
    The Cleveland, Akron & Columbus Railway Co. v. Norris, Administratrix.
    Decided February 8, 1910.
    Error to Circuit Court of Summit county.

      Messrs. Allen, Waters, Young & Andress, for plaintiff in error.

      Mr. W. R. Talbot and Mr. W. M. Webb, for defendant in error.
   Judgment of circuit court reversed and judgment of court of common pleas affirmed.

Summers, C. J., Crew, Spear, Davis, Sitauck and Price, JJ., concur.


text:
    No. 11225.
    The Walton Realty Co. v. The Cleveland Electric Railway Co.
    Decided February 8, 1910.
    Error to Circuit Court of Cuyahoga county.

      Mr. William B. Beebe, and Mr. A. W. Lamson, for plaintiff in error.

      Messrs. Squire, Sanders & Dempsey and Mr. W. C: Boyle, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew and Spiauck, JJ., concur.


text:
    No. 11302.
    Brown-Ketcham Iron Works v. The Dayton Arcade Co.
    Decided February 8, 1910.
    Error to Circuit Court of Montgomery county.

      Messrs. Rowe, Shuey, Matthews & James, for . plaintiff in error.

      Messrs. McMahon & McMahon, for defendant in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11303.
    American Bonding Company of Baltimore v. Wayne Cooperage Co.
    Decided February 8, 1910.
    Error to Circuit Court of Crawford county.

      Messrs. Beer & Beer and Mr. J. Walter Wright, for plaintiff in error,

      Mr. R. V. Sears and Mr. R. W. Johnston, for defendant in-error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11326.
    Kehm v. The German Mutual Insurance Co. of Cincinnati.
    Decided February 8, 1910.
    Error to Circuit Court of Hamilton county.

      Mr. Albert Bettinger, for plaintiff in error.

      Mr. John Sayler and Messrs. Sayler & Sayler, for defendant in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11327.
    Hayes v. Heyl et al.
    Decided February 8, 1910.
    Error to Circuit Court of Wayne county.

      Mr. A. D. Metz, for plaintiff in error.

      Mr. Mahlon Rouch and Mr. W.'F. Kean, for defendants in error.-’
   Judgment affirmed on authority of Milliken v. Welliver, 37 Ohio St., 460.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11516.
    Patterson et al., Partners, v. Harvey, Admr.
    Decided February 8, 1910.
    Error to Circuit Court of Pike county.

      Messrs. Eylar & Douglas, for plaintiffs in error.

      Messrs. Dougherty & Moore, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11517.
    Vonschriltz v. Hamm.
    Decided February 8, 1910.
    Error to Circuit Court of Pike county.

      Messrs. Eylar & Douglas, for plaintiff in error.

      Messrs. Dougherty & Moore, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11519.
    In the Matter of the Estate of Stiers, Deceased. Stiers v. The Estate of Stiers, Deceased, et al.
    Decided February 8, 1910.
    Error to Circuit Court of Harrison county.

      Mr. Albert O. Barnes, for plaintiff in error.

      Mr. D. Cunningham; Messrs. Elollingsworth & Worley and Mr. W. W. Harrison, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11523.
    Uebbing, Trustee, v. Koester, Trustee, et al.
    Decided February 8, 1910.
    Error to Circuit Court of Cuyahoga county.

      Mr. L. S. Litzler and Messrs. Hamilton & Smith, for plaintiff in error.

      Mr. Walter D. Meals and

      Messrs. Dawley & Meals, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Davis and Price, JJ., concur.


text:
    No. 11525.
    Keslar v. Barnard & Karns, a Partnership.
    Decided February 8, 1910.
    Error to Circuit Court of Wood county.

      Messrs. Troup & Riegle and Messrs. Blackford & Blackford, for plaintiff in error.

      Mr. N. R. Harrington, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11528.
    The Milburn Wagon Co. v. Gawronski, by etc.
    Decided February 8, 1910.
    Error to Circuit Court of Lucas county.

      Messrs. Smith & Baker-, for plaintiff in error.

      Mr. C. A. Thatcher, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew and Price, JJ., concur.


text:
    No. 11532.
    Bowman v. Schatzinger et al.
    Decided February 8, 1910.
    Error to Circuit Court of Cuyahog'a county.

      Messrs. Weed, Miller & Nason, for plaintiff in error.

      Mr. Paul G. Kassulker, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Si-iauck and Price, JJ., concur.


text:
    No. 11533.
    The First National Bank of Findlay v. Overholt et al., County Commissioners, et al.
    Decided February 8, 1910.

      Error to Circuit Court of Hancock county.

      Messrs. J. A. & E. V. Bope, for plaintiff in error.

      Mr. W. ,L. David and Mr. Charles A. Blackford, for defendants in error.
   Judgment affirmed.

Sum-, mers, C. J., Crew and Si-iauck, JJ., concur.


text:
    No. 11851.
    Harmon, Receiver, v. Lippincott.
    Decided February 8, 1910.
    Error to Circuit Court of Allen county.

      Mr. Edward Colston; Mr. Jay I^each; Mr. I. R. Longsworth and Mr. Morrison R. Waite, for plaintiff in error.

      Mr. D. C. Henderson, for defendant in error.
   Judgment affirmed.

Summers, C. J., Spear, Spiauck and Price, JJ.', concur.


text:
    No. 11065.
    Rice, Trustee, v. Klamut et al.
    Decided February 15, 1910.
    Error to Circuit Court of Lorain county.

      Messrs..Klein & Harris and Mr. Clayton Chapman, for plaintiff in error.

      Mr. F. M. Stevens; Mr. John M. Pindras and Messrs. Ingersoll, Stettson & Wilcox, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew and Davis, JJ., concur.


text:
    No. 11288.
    Pabst Brewing Company v. Peltz et al.
    Decided February 15, 1910.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Klein & Harris, for plaintiff in error.

      Messrs. Miller & Linder, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price, JJ., concur.


text:
    No. 11342.
    The J. S. McConnell Wool Co. v. Swetland.
    Decided February 15, 1910.
    Error to Circuit Court of Knox county.

      Messrs. Waight & Moore and Messrs. Jenner & Weldon, for plaintiff in error.

      .Messrs. Omen & Carr and Mr. L. C. Stillwell, for defendant in error.
   Judgment affirmed.

Crew, Spear and Spiauck, JJ., concur.


text:
    No. 11351.
    The Southeastern Ohio Railway, Light & Power Co. v. The Moxahala Park & Amusement Co.
    Decided February 15, 1910.
    Error to Circuit Court of Muskingum county.

      Mr. Edward R. Meyer, for plaintiff in error.

      Mr. C. E. Swingle and Mr. F. H. Southard, for defendant in error.
   Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.


text:
    No. 11536.
    The Detroit, Toledo & Ironton Railway Co. v. Smith.
    Decided February 15, 1910.
    Error to Circuit Court of Clark county.

      Messrs. Keifer & Keifer, for plaintiff in error.

      Messrs. Stafford & Arthur, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Price,. JJ., concur.


text:
    No. 11538.
    Der Schwaben Verein v. Bendure.
    Decided February 15, 1910.
    Error to Circuit Court of Jefferson county.

      Mr. J. C. Bigger and Mr. Fred M. Coleman, for plaintiff in error.

      Messrs. McClave & McClave, for defend-^ant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis,_ Shauck and Price, JJ., concur.


text:
    No. 11539.
    Hamilton v. The First National Bank of Wellston et al.
    Decided February 15, 1910.
    Error to Circuit Court of Jackson county.

      Messrs. McGillivray & Armstrong, for plaintiff in error.

      Messrs. Grosvenor, Jones & Worst ell; Mr. Frank B. Finney; Mr. E. H. Willis and Mr. T. S. JJogan, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11542.
    Yakey, Exr., v. Strunk.
    Decided February 15, 1910.
    Error to Circuit Court of Shelby county.

      Mr. J. D. Barnes, for plaintiff in error.

      Messrs. Wickoff, Emmons & Needles, for defendant in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Si-iaucic and Price, JJ., concur.


text:
    No. 11555.
    The Wheeling & Lake Erie Railroad Co., by Worthington, Receiver, v. Peck, Admx.
    Decided February 15, 1910.
    Error to Circuit Court of Lucas county.

      Mr. Charles A. Seiders, for plaintiff in error.

      Mr. George C. Bryce and Messrs. Marshall & Fraser, for defendant in error.
   Judgment affirmed.

Summers, C. J., Spear, Shauck and Price, JJ., concur.


text:
    No. 11578.
    Snyder, Admx., v. The American Cigar Co.
    Decided February 15, 1910.
    Error to Circuit Court of Richland county.

      Mr. Charles H. Workman and Mr. S. M. Douglass, for plaintiff in error.

      Mr. W. S. Kerr and Messrs. Kerr & LaDozv, for defendant in error.
   Judgment affirmed.

Summers, C. J., Davis and Si-iauck, JJ., concur.


text:
    No. 11583.
    The Eldridge & Higgins Company v. Courtright.
    Decided February 15, 1910.
    Error to Circuit Court of Franklin county.

      Mr. O. H. Mosier, for plaintiff in error.

      Mr. Charles M. Courtright, for defendant in error.
   Judgment affirmed.

Summers, C. J., Davis, Si-iauck and Price, JJ., concur.


text:
    No. 11597.
    Murray v. Mahan et al., Partners.
    Decided February 15, 1910.
    Error to Circuit Court of Trumbull county.

      Mr. Warren Thomas, for plaintiff in error.

      Mr. A. E. Wonders, for defendants in error.
   Judgment reversed. Grounds stated in journal entry.

This cause came on to be heard upon the transcript of the record of the circuit court of Trumbull county, and was argued by counsel. On consideration whereof, it is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed for error in affirming' the judgment of the court of common pleas.

The plaintiff in error, defendant in the action before the justice of the peace, entered into an undertaking in appeal, but failed to file the trail-script and other papers and to have his appeal docketed, thereupon the plaintiffs, appellees, filed in the court of common pleas the transcript of the proceedings and judgment of the justice of the peace and recovered a judgment in the court of common pleas, on error that judgment was affirmed in the circuit court, and in this court the judgment of the circuit court was affirmed in case No. 11598. The defendant in the action before the justice of the peace, after the giving of the undertaking in appeal, also filed a petition in error in the court of common pleas, and in that court the judgment of the justice of the peace was affirmed, and on error the circuit court affirmed the judgment of the court of common pleas and the petition in error in this case brings that judgment before this court for review. The appeal suspended the judgment of the justice of the peace and the judgment of the court of common pleas in the appealed case superseded the judgment of the justice of the peace and left no judgment from which error -could be prosecuted. In the error case, the common pleas court did not have jurisdiction to render a judgment of affirmance and the circuit court erred in affirming the judgment of the court of common pleas, and this court proceeding to render the judgment that the circuit court should have rendered:

It is ordered and adjudged that the judgment of the court of common pleas be, and the same hereby is, reversed, and the petition in error in that court dismissed.

Summers, C. J., Crew, Spear, Davis and Shauck, JJ., concur.


text:
    No. 11598.
    Murray v. Mahan et al., Partners.
    Decided February 15, 1910.
    Error to Circuit Court of Trumbull county.

      Mr. Warren Thomas, for plaintiff in error.

      Mr. A. E. Wonders, for defendants in error.
   Judgment affirmed.

Summers, C. J., Crew, Spear, Davis and Shauck, JJ., concur.