CHRISTIAN AMERICAN SAND CO. v. W. M. PATTI- ANDERSON v. UNITED STATES MORT In re YOUNG WOMEN'S ASS'N OF BROOKLYN. (Court of Appeals of New York. June 20, 1913.) Appeal from an order of the Appellate Division of the Su-GAGE & TRUST CO. (No. 11,434.) (Supreme preme Court in the Second Judicial Department Court of Ohio. Nov. 26, 1912.) Error to Cir(156 App. Div. 295, 141 N. Y. Supp. 138), en-cuit Court, Lucas County. R. P. Carey and C. tered April 11, 1913, which reversed an order H. Trimble, both of Memphis, Tenn., for plainof Special Term granting a motion for a per- tiff in error. B. A. Hayes, Oliver B. Snider, emptory writ of mandamus to compel the de- and King, Tracy, Chapman & Welles, all of partment of water supply, gas and electricity Toledo, for defendant in error. of the city of New York to vacate, cancel and remit all assessments for water rates against certain premises of the petitioner. George C. Lay and Howard O. Wood, both of New York City, for appellant. Archibald R. Watson, Corp. Counsel, of New York City (Curtis A. Peters, of New York City, and William R. Wilson, of Brooklyn, of counsel), for respondent. PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur. HAMMOND, J. The plaintiff was a carpenter, apparently of considerable experience. He was employed by the defendant to work upon the mill. A part of the work was to repair the damage caused by fire to the main building. In that building was an elevator well. In the course of the work the plaintiff was ordered to help in sheathing the north side of the well. While at work on a staging with a fellow workman in compliance with this order, the plaintiff, facing the well, placed his arm over a revolving shaft which was directly in front of him, drove one nail into a board and started to drive a second nail into the same board, when his clothing was caught in the shaft and he was hurt. The plaintiff testified that he did not know that the pipe was shafting and that he should have been warned of the danger. Without reciting the evidence in detail it is sufficient to say that there was no evidence of neglect of the defendant, nor of its superintendent. The defendant had no rea son to think that the plaintiff, an experienced carpenter engaged in making repairs upon a mill then partially in operation, needed to be told to look out for shafting, which was in plain sight and it owed him no duty to give such warning. Exceptions overruled. et al. ALLSTATTER v. ALLSTATTER PER CURIAM. Judgment affirmed. PER CURIAM. Former judgment (99 N. E. 1120) adhered to. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. ANDREWS v. HOCKING VALLEY RY. CO. (No. 12,989.) (Supreme Court of Ohio. Oct. 8, 1912.) Error to Circuit Court, Lucas County. Myer Geleerd and John M. Carr, both of Toledo, for plaintiff in error. Brown, Geddes, Schmettau & Williams, of Toledo, and Wil son & Rector, of Columbus, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, JOHNSON, and O'HARA, JJ., concur. A. R. LINN CO. v. DENLY. (No. 12,956.) (Supreme Court of Ohio. Oct. 1, 1912.) Error to Circuit Court, Cuyahoga County. Wing, Myler & Turney, of Cleveland, for plaintiff in error. A. A. & A. H. Bemis, of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. SPEAR, SHAUCK, JOHNSON, and DONAHUE, JJ., concur. ASSURANCE CO. OF AMERICA v. HINKLIN. (No. 12,788.) (Supreme Court of Ohio. Dec. 10, 1912.) Error to Circuit Court, Marion County. Cabell & Kohl, of Cincinnati, and Fred W. Warner, of Marion, for plaintiff in error. Crissinger & Guthery, of Marion, for defendant in error. PER CURIAM. Judgment affirmed. DONAHUE, and O'HARA, JJ., concur. DAVIS, C. J., and SPEAR, JOHNSON, AULTMAN & TAYLOR MACHINERY CO. v. LOWMAN. (No. 13,366.) (Supreme Court of Ohio. Feb. 25, 1913.) Error to Circuit Court, Richland County. L. B. Bacon, of Rochester, N. Y., for plaintiff in error. W. S. Kerr and William F. Voegele, Jr., both of Mansfield, for defendant in error. PER CURIAM. Judgment affirmed. JOHNSON, WANAMAKER, and WILKIN, JJ., concur. BERGER v. CLEVELAND, C., C. & St. L. RY. CO. (No. 12,979.) (Supreme Court of Ohio. Oct. 22, 1912.) Error to Circuit Court, Cuyahoga County. Tanney & Barber, of Cleveland, for plaintiff in error. Cook, McGowan & Foote, of Cleyeland, for defendant in error. PER CURIAM. Judgment affirmed. and adjudged by this court, that the judgment BOARD OF INFIRMARY DIRECTORS OF ROSS COUNTY v. PARRETT. (No. 13,053.) (Supreme Court of Ohio. Dec. 3, 1912.) Error to Circuit Court, Ross County. Walter W. Boulger, Pros. Atty., of Chillicothe, for plaintiff in error. Elijah Cutright, Jr., of Chil cur. BESSEMER & L. E. R. CO. v. PHOENIX INS. CO. (No. 13,031.) (Supreme Court of Ohio. Nov. 26, 1912.) Error to Circuit Court, Ashtabula County. Allen M. Cox, of Conneaut, for plaintiff in error. C. W. Appleby, of Conneaut, for defendant in error. PER CURIAM. Judgment affirmed. Reporter's Note.-On December 20, 1912, the following journal entry in the foregoing case was made and entered: "This day, this cause came on to be heard, on the application of the plaintiff in error, to modify the judgment and mandate issued in the above cause, at this term of this court, and was argued by counsel and submitted to the court. On consideration whereof, the court finds that said motion is well taken and it is hereby ordered that the said judgment be and the same is hereby modified in the respects following: That the following language, included in said judgment of this court, be stricken out of the same: 'Including an attorney's fee of $100 to the attorney for the defendant in error, as provided by the statute in such case made and provided.' And in all other respects, the judgment of this court, as heretofore entered, is hereby affirmed." BIEN v. ROTH et al. (No. 13,622.)_(Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Hamilton County. Kramer & Bettman and John D. Ellis, both of Cincinnati, for plaintiff in error. Frank J. Dorger, Denis F. Cash, and Henry P. Kaufman, ali of Cincinnati, for defendants in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. CARLIN v. CITY OF FINDLAY. (No.. 12,993.) (Supreme Court of Ohio. Dec. 3, 1912.) PER CURIAM. Judgment affirmed. Error to Circuit Court, Hancock County. E. V. Bope, of Findlay, for plaintiff in error. SHAUCK, JOHNSON, DONAHUE, and Thomas W. Lang and A. G. Fuller, both of O'HARA, JJ., concur. Findlay, for defendant in error. BOARD OF EDUCATION OF LA BELLE SPECIAL SCHOOL DISTRICT V. STATE ex rel. McCOWEN. (No. 13,531.) (Supreme Court of Ohio. Feb. 4, 1913.) Error to Circuit Court, Lawrence County. A. R. Johnson, Dan C. Jones, and Joseph C. Riley, all of Ironton, for plaintiff in error. A. J. Layne, of Ironton, for defendant in error. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur. PER CURIAM. Judgment reversed, and judgment for plaintiff in error. Ground 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 that it appears from the record in this cause that upon the issue joined in the original action between the city of Findlay and Maud Carlin the common pleas court entered a final judgment in favor of said Maud Carlin and that said judgment is still in full force and effect and conclusive upon the city of Findlay as to all the issues joined in said cause between the city of Findlay and Maud Carlin, and it further appears from this record that the issue as to who is entitled to receive the rents of the BOARD OF INFIRMARY DIRECTORS property described in the petition under the will of Bass Rawson was the direct issue made OF ROSS COUNTY v. PARRETT. (No. 13,052.) (Supreme Court of Ohio. Dec. 3 by the petition of the city of Findlay, the an1912.) Error to Circuit Court, Ross County.swer of Maud Carlin, and the reply of the city Walter W. Boulger, Pros. Atty., of Chillicothe, made no claim to said rents and made no claim of Findlay thereto, that the plaintiff in error for plaintiff in error. Elijah Cutright, Jr., of of right to receive the same except as the agent Chillicothe, for defendant in error. of Maud Carlin, and that said common pleas court having adjudicated said issue in favor of Maud Carlin the said S. Kate Carlin was entitled as a matter of law to judgment in her 3, PER CURIAM. Judgment affirmed. PER CURIAM. Judgment reversed, and cause remanded. the issue being res adjudicata as to her prin- | kin, Asst. City Sol., and John H. Clarke, all cipal it was res adjudicata as to her as agent of Cleveland, for defendants in error. of said principal. And this court coming now to render the judgment which said common pleas court should have rendered, it is hereby ordered and adjudged that said petition of the city of Findlay against S. Kate Carlin be and the same is hereby dismissed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. CARLIN v. CITY OF FINDLAY. (No. 12,994.) (Supreme Court of Ohio. Dec. 3, 1912.) Error to Circuit Court, Hancock County. E. V. Bope, of Findlay, for plaintiff in error Thomas W. Lang and A. G. Fuller, both of Findlay, for defendant in error. PER CURIAM. Judgment reversed, and judgment for plaintiff in error. Ground stated in journal entry. It is ordered and adjudged by this court that the judgment of said circuit court be, and the same hereby is, reversed, for that it appears from the record in this cause that upon the issue joined in the original action between the city of Findlay and Maud Carlin, Rawson Carlin, and Earle Carlin, the common pleas court entered a final judgment in favor of said Maud Carlin, Rawson Carlin, and Earle Carlin, and that said judgment is still in full force and effect and conclusive upon the city of Findlay as to all issues joined in said cause between the city of Findlay and Maud Carlin, Rawson Carlin, and Earle Carlin, and it further appears from this record that the issue as to who is entitled to receive the rents of the property described in the petition under the will of Bass Rawson was the direct issue made by the petition of the city of Findlay, the answer of Maud Carlin, Rawson Carlin, and Earle Carlin, and the reply of the city of Findlay thereto, that the plaintiff in error made no claim to said rents and made no claim of right to receive the same except as the agent of Maud Carlin, Rawson Carlin, and Earle Carlin, and that said common pleas court having adjudicated said issue in favor of Maud Carlin, Rawson Carlin, and Earle Carlin, the said S. Kate Carlin was entitled as matter of law to judgment in her favor dismissing her from said suit with costs; the issue being res adjudicata as to her principal it was res adjudicata as to her as agent of said principal. And this court coming now to render the judg ment which said common pleas court should have rendered, it is hereby ordered and adjudged that said petition of the city of Findlay against S. Kate Carlin be and the same is hereby dismissed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. CASTLE v. FINLEY, State Inspector of Oils. (No. 13,443.) (Supreme Court of Ohio. Oct. 29, 1912.) Error to Circuit Court, Franklin County. Wilson & Rector, of Columbus, for plaintiff in error. Timothy S. Hogan, Atty. Gen., and Charles Follett, special counsel, of Columbus, for defendant in error. PER CURIAM. Judgment affirmed. CESA v. CITY OF CLEVELAND et al. (No. 12,620.) (Supreme Court of Ohio. Oct. 1, 1912.) Error to Circuit Court, Cuyahoga County. David & Heald and Ong, Thayer & Mansfield, all of Cleveland, for plaintiff in er HARA, JJ., concur. CHAMBERLAIN v. STECHER. (No. 13,003.) (Supreme Court of Ohio. Jan. 28, 1913.) Error to Circuit Court, Wyandot County. Carey & Carey, of Upper Sandusky, and Finley & Gallinger, of Bucyrus, for plaintiff in error. Newell & Bowers and D. C. Parker, both of Upper Sandusky, for defendant in error. PER CURIAM. On cross-petition in error. Judgment of the circuit court reversed and that of the common pleas affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WIL KIN, JJ., concur. CHARLES v. CINCINNATI TRACTION CO. (No. 13,548.) (Supreme Court of Ohio. Oct. 29, 1912.) Error to Circuit Court, Hamilton County. Horstman & Horstman, of Cincinnati, for plaintiff in error. Miller Outcalt, of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed. JOHNSON, and O'HARA, JJ., concur. DAVIS, C. J., and SPEAR, SHAUCK, CINCINNATI, H. & D. RY. CO. v. GRAJEZAK. (No. 13,421.) Ohio. Oct. 22, 1912.) (Supreme Court of Lucas County. Morison R. Waite, of CincinError to Circuit Court, nati, and Julian H. Tyler, of Toledo, for plaintiff in error. Orville S. Brumback, of Toledo, for defendant in error. PER CURIAM. Judgment affirmed. SPEAR, JOHNSON, DONAHUE, and O'HARA, JJ., concur. DAVIS, C. J., not participating. CINCINNATI TRACTION CO. V. GINNOCHIO. (No. 13,403.) (Supreme Court of Ohio. Jan. 28, 1913.) Error to Circuit Court, Hamilton County. Kittredge, Wilby & Stimson and Paxton, Warrington & Seasongood, all of Cincinnati, and R. E. Simmonds, Jr., of Cincinnati, for plaintiff in error. Black & Black, of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed, on authority of Mahoning Valley Ry. Co. v. Van Alstine, 77 Ohio St. 395, 83 N. E. 601, 14 L. R. A. (N. S.) 893. JOHNSON. WANAMAKER, NEWMAN, CINCINNATI TRACTION CO. v. MAGUIRE. (No. 13,463.) (Supreme Court of Ohio. Jan. 28, 1913.) Error to Circuit Court, Hamilton County. Kittredge, Wilby & Stimson, Paxton, Warrington & Seasongood, and Robert S. Marx, all of Cincinnati, for plaintiff in error. D. T. Hackett and Paul P. Rover, both of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed, on authority of Mahoning Valley Ry. Co. v. Van Alstine, 77 Ohio St. 395, 83 N. E. 601, 14 L. R. A. (N. S.) 893. JOHNSON, WANAMAKER, NEWMAN, and WILKIN, JJ., concur. CITIZENS' TRUST & GUARANTY CO. OF W. VA. v. LOGAN NATURAL GAS & FUEL CO. et al. (No. 12,796.) (Supreme Court of Ohio. Dec. 10, 1912.) Error to Circuit Court, Huron County. Stephen M. Young, of Norwalk, for plaintiff in error. S. M. Douglass, of Mansfield, and Sherman Culp and A. M. Beattie, both of Norwalk, for defendant in er ror. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. and Clifford A. Neff, all of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, and O'HARA, JJ., concur. CITY OF IRONTON V. HARRISON CONST. CO. (No. 12,869.) (Supreme Court of Ohio. Feb. 4, 1913.) Error to Circuit Court, Lawrence County. O. E. Irish, City Sol., and A. R. Johnson, both of Ironton, for plaintiff in error. Lum, Tamblyn & Colyer, of Newark, and Paxton, Warrington & Seasongood, of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur. CITY OF TOLEDO v. COOLEY. (No. 12,843.) (Supreme Court of Ohio. Dec. 17, 1912.) Error to Circuit Court, Lucas County. Cornell Schreiber, City Sol., and Ashton H. Coldham, both of Toledo, for plaintiff in error. M. O. Rettig, of Toledo, and Mulholland & Hartmann, of Toledo, for defendant in error. PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, and O'HARA, JJ., concur. CITY OF CINCINNATI v. KENNEDY. (No. 12,670.) (Supreme Court of Ohio. Nov. 26, 1912.) Error to Circuit Court, Hamilton County. E. M. Ballard, City Sol., and Constant Southworth, Asst. City Sol., both of Cincinnati, for plaintiff in error. E. J. Babbitt and Denis F. Cash, both of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, DONAHUE, and O'HÁRA, JJ., concur. CITY OF CINCINNATI v. MORRISSEY. (No. 12,973.) (Supreme Court of Ohio. Feb. 25, 1913.) Error to Circuit Court, Hamilton County. Edward M. Ballard, City Sol., and Constant Southworth, Asst. City Sol., both of Cincinnati, for plaintiff in error. Rogers Wright, Nathaniel Wright, and John E. Fitzpatrick, all of Cincinnati, for defendant in er ror. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur. CITY OF CLEVELAND et al. v. CLEVELAND & P. R. CO. et al. (No. 13,484.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Cuyahoga County. E. K. Wilcox, City Sol., Frank E. Stevens, Asst. City Sol., and Goulder, Day, White, Garry & Duncan, all of Cleveland, for plaintiffs in error. Squire, Sanders & Dempsey, White, Johnson & Cannon, and William C. Boyle, all of Cleveland, for defendants in error. PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, and O'HARA, JJ., concur. CITY OF CLEVELAND et al. v. WHITE. (No. 13.485.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Cuyahoga County. E. K. Wilcox, City Sol., Frank E. Stevens, Asst. City Sol., and Goulder, Day, White, Garry & Duncan, all of Cleveland, for plaintiffs in error. White, Johnson & Cannon CITY OF TOLEDO v. STRASEL. (No. 13,560.) (Supreme Court of Ohio. Oct. 29, 1912.) Error to Circuit Court, Lucas County. Cornell Schreiber, City Sol., and Ashton H. Coldham, both of Toledo, for plaintiff in error. J. A. Price and Marshall & Fraser, all of Toledo, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. CITY OF TOLEDO v. TRESSLER. (No. 12,844.) (Supreme Court of Ohio. Dec. 17, 1912.) Error to Circuit Court, Lucas County. Cornell Schreiber, City Sol., and Ashton H. Coldham, both of Toledo, for plaintiff in error. Karl A. Flickinger, of Toledo, for defendant in error. PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, and O'HARA, JJ., concur. CLARKE v. WILSON et al. (No. 12,783.) (Supreme Court of Ohio. Dec. 10, 1912.) Error to Circuit Court, Lawrence County. A. R. Johnson and Dan' C. Jones, both of Ironton, and William J. Meyer, of Columbus, for plaintiff in error. Andrews & Irish and George W. Keye, both of Ironton, for defendants in error. PER CURIAM. Judgment reversed, and that of common pleas affirmed, on authority of Irwin et al. v. Jacques et al., 71 Ohio St. 395, 73 N. E. 683, 69 L. R. A. 422. DAVIS, C. J., and JOHNSON, DONAHUE, and O'HARA, JJ., concur. CLEVELAND CITY FORGE & IRON CO. v. WELCH. (No. 13,535.) (Supreme Court of Ohio. Jan. 28, 1913.) Error to Circuit Court, Cuyahoga County. Reed & Eichelberger, of Cleveland, for plaintiff in error. Harry F. Payer, of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur. CLEVELAND PROVISION CO. v. HAGUE. (No. 13,539.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Cuyahoga County. Kline, Tolles & Morley, of Cleveland, for plaintiff in error. Cook, McGowan & Foote, of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR and O'HARA, JJ., concur. Licking County. Norpell, Norpell & Martin, of Newark, and Vorys, Sater, Seymour & Pease, of Columbus, for plaintiff in error. Jacob R. Davies and Kibler & Kibler, all of Newark, for defendants in error. PER CURIAM. Judgment affirmed. SPEAR, DONAHUE, and O'HARA, JJ., concur. DAVIS, C. J., and SHAUCK and JOHNSON, JJ., dissent. DAHLER v. BOARD OF COM'RS OF CRAWFORD COUNTY. (No. 12,808.) (Supreme Court of Ohio. (Supreme Court of Ohio. Dec. 17, 1912.) Error to Circuit Court, Crawford County. Leuthold, McCarron & Leuthold, of Bucyrus, for plaintiff in error. C. H. Henkel, of Galion, and W. J. Schwenck, of Bucyrus, for defendant in error. PER CURIAM. Judgment affirmed. SHAUCK, JOHNSON, and O'HARA, JJ., CLEVELAND & P. R. CO. et al. v. CITY OF CLEVELAND et al. (No. 12,461.) (Supreme Court of Ohio. Oct. 22, 1912.) Error to Circuit Court, Cuyahoga County. Squire, Sanders & Dempsey, of Cleveland, for plaintiffs in error. Newton D. Baker, City Sol., James Lawrence, George L. Phillips, and Cook, McGowan & Foote, all of Cleveland, for defendants in error. PER CURIAM. Judgment affirmed. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur. concur. DAVIS et al. v. COLLINGS. (No. 13,248.) (Supreme Court of Ohio. Dec. 17, 1912.) Error to Circuit Court, Cuyahoga County. Arthur D. Baldwin, of Cleveland, for plaintiffs in Laubscher & Kees, of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, JOHNSON, DONAHUE, and O'HARA, JJ., concur. 12,872.) (Supreme Court of Ohio. CLEVELAND & P. R. CO. v. VILLAGE OF PER CURIAM. Judgment of the circuit court reversed, and that of the common pleas affirmed. PER CURIAM. Judgment affirmed. COHN-GOODMAN CO. v. WELLS FARGO EXPRESS CO. (No. 12,963.) (Supreme Court of Ohio. Oct. 1, 1912.) Error to Circuit Court, Cuyahoga County. Nathan Loeser and Fred Desberg, both of Cleveland, for plaintiff in error. R. G. Curren and Howard A. Couse, both of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed, on authority of Pennsylvania Co. v. Shearer, 75 Ohio St. 249, 79 N. E. 431, 116 Am. St. Rep. 730, 9 Ann. Cas. 15. DAVIS, C. J., and SHAUCK, JOHNSON, and DONAHUE, JJ., concur. 1913.) ty. PER CURIAM. Judgment of the circuit court reversed on the cross-petition in error, and that of the common pleas affirmed. JOHNSON, DONAHUE, WANAMAKER, DOWNING v. CINCINNATI, H. & D. RY. CO. (No. 13,128.) (Supreme Court of Ohio. Jan. 28, 1913.) Error to Circuit Court, Montgomery County. Nevin, Nevin & Kalbfus and Charles H. Kumler, all of Dayton, for plaintiff in error. Snediker & Marshall, of Dayton, for defendant in error. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and DONAHUE, and WILKIN, JJ., concur. Co. v. CITY OF EAST LIVERPOOL. (No. COLUMBUS & S. RY. CO. v. SHAW. (No. 13,010.) (Supreme Court of Ohio. Feb. 11, Error to Circuit Court, Hocking CounWilson & Rector, of Columbus, for plain-firmed as modified. It is ordered and adjudged PER CURIAM. Judgment modified, and aftiff in error. C. V. Wright, of Logan, and F. by this court that the judgment of the said cirN. R. Redfern, for defendant in error. cuit court be, and the same hereby is, reversed for error in reversing the entire judgment of the court of common pleas, in this, to wit: This court finds that the proper construction of the contract pleaded in plaintiff's petition authorized the city of East Liverpool, on the date of the execution of such contract or at any time during the term of said contract, to reduce the number of arc lights then and on that day being furnished by said plaintiff in error to JOHNSON, DONAHUE, WANAMAKER, and WILKIN, JJ., concur. CONSUMERS' BREWING CO. v. HARDWAY et al. (No. 13,011.) (Supreme Court of |