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FATH CONST. CO. v. BAUSMERTH et al.
(No. 13.518.) (Supreme Court of Ohio. Jan.
21, 1913.) Error to Circuit Court, Cuyahoga
County. Ford, Snyder & Tilden, of Cleveland,
for plaintiff in
Kerruish, Kerruish,
Hartshorn & Spooner, of Cleveland, for defend-
ants in error.

PER CURIAM. Judgment affirmed.
HUE, WANAMAKER, NEWMAN, and WIL-
SHAUCK, C. J., and JOHNSON, DONA-
KIN, JJ., concur.

PER CURIAM. Judgment affirmed. JOHNSON, WANAMAKER, and WILKIN, JJ., concur.

right to reduce the incandescent street lights, then being furnished by said plaintiff in error to defendant in error, to 25. That by the further provisions of this contract the defendant in error had the right at its option to increase the number of lights specified in paragraph 7 of the contract to such further number of arc or incandescent lights as its needs might require, but that, having so increased this number, it had no right or authority under said contract to again decrease the same to the minimum number specified in the contract, but that such increased number must be read into paragraph 7 of the contract instead of the original provision thereof as the minimum to which such lights might be decreased. It is admitted F. E. SCHUMACHER CO. v. PHILLIPS. that at the time of the making and entering (No. 13,659.) (Supreme Court of Ohio. Feb. into this contract the plaintiff was furnishing 11, 1913.) Error to Circuit Court, Stark Counto the city 178 are lights and 41 incandescent ty. Pomerene, Ambler & Pomerene, of Toledo, lights, so that the city then had and continued to for plaintiff in error. Webber & Turner, of have the right to reduce such number at its Canton, for defendant in error. pleasure, to 165 arc lights and 25 incandescent lights, and that it did exercise its authority in that behalf and did properly order the discontinuance of the same, and to the extent of that number of lights the plaintiff in error is not entitled to receive any payment from the defendant in error, and the judgment of the common pleas court is excessive to the extent of 13 arc lights at. $5.50 per month per light, amounting to $71.50, and 16 incandescent lights at $2.33% per month per light, amounting to $37.33, amounting in the aggregate to $108.83, and that the proper judgment to be entered for the plaintiff in the common pleas court, allowing for the outages agreed upon, is $77.44, with interest from March 1, 1909. And this court coming now to render the judgment that the circuit court should have rendered, it is ordered and adjudged that the judgment of the common pleas court be modified by the reduction of said judgment by the aggregate cost of the lights that the city was authorized by its contract to discontinue, to wit, $108.83, and that the said the East Liverpool Traction & Light Company have and recover from the city of East Liverpool, Ohio, the sum of $77.44, with interest from March 1, 1909, at 6 per cent. per annum.

DAVIS, C. J., and SPEAR, SHAUCK, and DONAHUE, JJ., concur. JOHNSON and O'HARA, JJ., dissent.

ERIE R. CO. v. REID. (No. 13,347.) (Supreme Court of Ohio. Feb. 25, 1913.) Error to Circuit Court, Wayne County. Cushing, Siddall & Palmer, of Cleveland, and John McSweeney, of Wooster, for plaintiff in error. A. D. Metz and Eugene Carlin, both of Wooster, for defendant in error.

PER CURIAM. Judgment affirmed. JOHNSON, WANAMAKER, and WILKIN, JJ., concur.

ERIE R. CO. v. WOOD. (No. 13,663.) (Supreme Court of Ohio. Jan. 28, 1913.) Error to Circuit Court, Richland County. Cummings, McBride & Wolfe, of Mansfield, and Cushing, Siddall & Palmer, of Cleveland, for plaintiff in error. Skiles, Green & Skiles of Shelby, and Carter, Carter & Carter, of Upper Sandusky, for defendant in error.

PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, and NEWMAN, JJ., concur.

ETZ v. SWETLAND. (No. 13,020.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Richland County. A. A. Douglass and J. M. Reed, both of Mansfield, for plaintiff in error. Cummings, McBride & Wolfe, of Mansfield, for defendant in error. PER CURIAM. Judgment affirmed. SPEAR, JOHNSON, and O'HARA, JJ., con

FILLMORE v. FRANK P. HALL CO. (No. 1913.) Error to Circuit Court, Franklin Coun12,965.) (Supreme Court of Ohio. Feb. 18, ty. Sherman & Sherman, of Columbus, for plaintiff in error. Vorys, Sater, Seymour & Pease, of Columbus, for defendant in error.

PER CURIAM. Judgment of the circuit court reversed, and that of the court of common pleas affirmed.

SHAUCK, C. J., and JOHNSON, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

FIRST NAT. BANK OF YOUNGSTOWN v. MACK et al. (No. 12,738.) (Supreme Court, of Ohio. Nov. 26, 1912.) Error to Circuit Court, Lucas County. Hine, Kennedy & Manchester, of Youngstown, Rhoades & Rhoades, of Toledo, and G. Ray Craig, of Norwalk, for plaintiff in error. Brewer & Hall, of Cleveland, and J. W. Schaufelberger and Stephen N. Young, both of Toledo, for defendants in error. PER CURIAM. Judgment affirmed.

DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ.,

concur.

FREDERICK v. BUCK COAL CO. (No. 13,341.) (Supreme Court of Ohio. Jan. 14, 1913.) Error to Circuit Court, Columbiana County. K. L. Cobourn and Metzger & Smith, all of Salem, for plaintiff in error. Billingsley, Clark & Moore, of Lisbon, for defendant in er

ror.

PER CURIAM. Judgment affirmed.

SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

FRY V. STATE. (No. 13,774.) (Supreme Court of Ohio. Feb. 25, 1913.) Error to Circuit Court, Darke County. Theodore Shockney, of Union City, Ind., and Edwin C. Wright and O. R. Krickenberger, both of Greenville, and Robert R. Nevin, of Dayton, for plaintiff in error. John F. Maher, Pros. Atty., D. W. Bowman, and A. H. Meeker, all of Greenville, for defendant in error.

PER CURIAM. Judgment affirmed.
HUE, WANAMAKER, NEWMAN, and WIL-
SHAUCK, C. J., and JOHNSON, DONA-
KIN, JJ., concur.

GALBRAITH et al. v. GLENN et al. (No.

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1912.) Error to Circuit Court, Cuyahoga County. William McE. Weldon, of Mansfield, and A. J. Pearson and Frank S. Day, both of Cleveland, for plaintiffs in error. Ford, Snyder & Tilden, Hills & Van Derveer, and Judson & Weld, all of Cleveland, and Lyman J. Glenn, for defendants in error.

PER CURIAM. Judgment affirmed. Grounds stated in journal entry. This cause came on to be heard upon the transcript of the record of the circuit court and of the court of common of the circuit court and of the court of common pleas of Cuyahoga county, and was argued by counsel and submitted to the court. And this court, without approving or passing upon the grounds stated by the circuit court for its judgment dismissing the petition in error, finds that the judgment of the court of common pleas was and is correct upon the facts shown by the record, and should, therefore, be affirmed. And the judgment of the circuit court being in effect an affirmance of the judgment of the court of common pleas, the same is affirmed by this court. SPEAR, JOHNSON, and O'HARA, JJ., con

cur.

GALION IRON WORKS CO. v. PAYNE et al. (No. 12,931.) (Supreme Court of Ohio. Feb. 11, 1913.) Error to Circuit Court, Crawford County. W. J. Geer, of Galion, for plaintiff in error. Frank Pigman, of Galion, for defendants in error.

PER CURIAM. Judgment of the circuit court reversed, and that of the common pleas court affirmed.

SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

GANDY et al. v. LAHMER et al. (No. 13,431.) (Supreme Court of Ohio. Feb. 11, 1913.) Error to Circuit Court, Tuscarawas County. Graham & Stafford, of New Philadelphia, for plaintiffs in error. Pomerene & Pomerene, of Columbus, and J. G. Patrick, of New Philadelphia, for defendants in error.

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and DONAHUE and NEWMAN, JJ., concur.

GEER V. STATE. (No. 13,416.) (No. 13,416.) (Supreme Court of Ohio. Feb. 4, 1913.) Error to Circuit Court, Tuscarawas County. T. H. Loller, of Dennison, and J. F. Greene, of New Philadelphia, for plaintiff in error. W. V. Wright, of New Philadelphia, T. J. Russell, of Newcomerstown, and W. B. Stevens, of Úhrichsville, for defendant in error.

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

GOODLOE et al. v. BARBOUR et al. (No. 13,678.) (Supreme Court of Ohio. Jan. 21, 1913.) Error to Circuit Court, Hamilton County. Mallon & Vordenberg, of Cincinnati, and Clyde C. Dawson, of Cincinnati, for plaintiffs in error. Frank A. Collins and John A. Collins, both of Hillsboro, A. J. Cunningham, Jr., Oscar Stoehr, J. B. Foraker, Worthington & Strong, Harmon, Colston, Goldsmith & Hoadall of Cincinnati, for defendants in error. ly, Lawrence Maxwell, and Joseph W. O'Hara,

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

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HALL v. PAXTON. (No. 13,065.) (Supreme Court of Ohio. Dec. 17, 1912.) Error GEM CITY CONCRETE CO. et al. v. et al. V. to Circuit Court, Hamilton County. Anne S. SIDERS. (No. 12,934.) (Supreme Court of Hall, of Cincinnati, for plaintiff in error. MurOhio, Feb. 11, 1913.) Error to Circuit Court, ray Seasongood, of Cincinnati, for defendant in Montgomery County. Francis M. Thompson, error. of Dayton, E. Thompson, of Bellefontaine, George W. Ozias, and Benjamin F. McCann, both of Dayton and J. D. Miller, of Franklin, for plaintiffs in error. Munger & Kennedy, of Dayton, for defendant in error.

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SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WIL

PER CURIAM. Judgment affirmed.

DAVIS C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ.,

concur.

HALSEY et al. v. BOARD OF COM'RS OF BROOKS FREE TURNPIKE ROAD et al. (No. 12,990.) (Supreme Court of Ohio. Oct. 29, 1912.) Error to Circuit Court, Marion County. County. Crissinger & Guthery, of Marion, for

field & Durfee, all of Marion, for defendants in | 19, 1912.) Error to Circuit Court, Lucas Coun

error.

PER CURIAM. Judgment affirmed.
SPEAR, SHAUCK, JOHNSON, and O'HA-
RA, JJ., concur.

HARMON v. WOLF. (No. 12,744.) (Supreme Court of Ohio. Dec. 3, 1912.) Error to Circuit Court, Allen County. Morison R. Waite and Jay Leach, both of Cincinnati, and I. R. Longsworth, of Lima, for plaintiff in error. Wheeler & Bentley and Halfhill, Quail & Kirk, all of Lima, for defendant in error.

PER CURIAM. Judgment affirmed.
DAVIS, C. J., and SPEAR, SHAUCK,
JOHNSON, DONAHUE, and O'HARA, JJ.,

concur.

HARRIS v. TOLEDO, ST. L. & W. R. CO. (No. 12,767.) (Supreme Court of Ohio. Dec. 10, 1912.) Error to Circuit Court, Lucas County. Southard & Zabel, of Toledo, for plaintiff in error. Lloyd T. Williams, Clarence Brown, and Charles A. Schmettau, all of Toledo, for . defendant in error.

PER CURIAM. Judgment affirmed.
DAVIS, C. J., and SPEAR, SHAUCK,
JOHNSON, and Ó'HARA, JJ., concur.

HARVEY V. CIOCCO et al. (No. 13,046.) (Supreme Court of Ohio. Nov. 26, 1912.) _Error to Circuit Court, Franklin County. Raymond, Gibsen & Young, of Columbus, for plaintiff in error. F. M. Glick, of Columbus, for defendant in error P. M. Walton.

ty. John F. Wilson, of Columbus, and Brown,
Geddes, Schmettau & Williams, of Toledo, for
Charles H. Masters and
plaintiff in error.
Kohn, Northup & Morgan, all of Toledo, for de-
fendant in error.

PER CURIAM. Judgment affirmed.
DAVIS, C. J., and JOHNSON and O'HARA,
JJ., concur.

HOWARD v. THRALL. (No. 13,007.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Greene County. M. J. Hartley and William S. Howard, both of Xenia, for plaintiff in error. W. L. Miller, of Xenia, for defendant in error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur.

HUTHMACHER v. BROWN. (No. 13,009.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Wyandot County. Carey & Carey, of Upper Sandusky and Powell & Smiley, of Cincinnati, for plaintiff in error. Meck & Salter, of Bucyrus, for defendant in

error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, DONAHUE, and O'HARA, JJ., concur.

INCORPORATED VILLAGE OF BLUFF-
TON et al. v. WESTERN OHIO RY. CO.
Oct.
(No. 13,420.) (Supreme Court of Ohio.
15, 1912.) Error to Circuit Court, Allen Coun-
ty. Welty & Downing, of Bluffton, for plain-
tiffs in error. Goeke, Anderson & Musser, of

PER CURIAM. Judgment affirmed.
SPEAR, JOHNSON, and O'HARA, JJ., con- Wapakoneta, Wheeler & Bentley and Arm-

cur.

HATTEN v. WEILBACHER et al. (No. 13,066.) (Supreme Court of Ohio. Dec. 17, 1912.) Error to Circuit Court, Franklin Coun: ty. George H. Jones and Harry A. Clarke, both of Columbus, for plaintiff in error. Stephen A. Sharp and Wilson & Rector, all of Columbus, for defendants in error.

PER CURIAM. Judgment affirmed.
SPEAR, JOHNSON, DONAHUE, and O'-
HARA, JJ., concur.

HEIM v. MARSH et al. (No. 12,666.)_(Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Ottawa County. George A. True and R. H. Crawford, both of Port Clinton, for plaintiff in error. Charles H. Graves, of Columbus, for defendants in error.

strong, Light & Shappell, all of Lima, for defendant in error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ.,

concur.

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(No.

JAEGER et al, v. CONVERSE et al. 13,015.) (Supreme Court of Ohio. Nov. 26, 1912.) Error to Circuit Court, Franklin County. Gumble & Gumble and Huggins, Huggins & Hoover, all of Columbus, for plaintiffs in error. Warner & Halterman and Pugh & Pugh, all of Columbus, for defendants in error.

PER CURIAM. Judgment affirmed. Grounds stated in journal entry. It is ordered and ad-. judged by this court that the judgment of said circuit court be, and the same is hereby affirmed; this court being of the opinion that the erroneous instructions by the court to the jury PER CURIAM. Judgment affirmed. at the times, and in the manner complained SHAUCK, DONAHUE, and O'HARA, JJ., of, were not prejudicial since upon the whole record this court finds that the judgment was correct.

concur.

HENRY et al. v. SANDUSKY, M. & N. R. CO. et al. (No. 12,762.) (Supreme Court of Ohio. Dec. 3, 1912.) Error to Circuit Court, Richland County. C. H. Workman and R. E. Hutchinson, both of Mansfield, for plaintiffs in error. F. A. Durban and Robert J. King, both of Zanesville, and Cummings, McBride & Wolfe, of Mansfield, for defendants in error.

PER CURIAM. Judgment reversed and judgment of court of common pleas affirmed.

DAVIS, C. J., and SPEAR, SHAUCK, and JOHNSON, JJ., concur. DONAHUE, J., not participating.

HOCKING VALLEY RY. CO. v. BACKUS.

SPEAR, SHAUCK,
SHAUCK, JOHNSON, DONA-
HUE, and O'HARA, JJ., concur.

JAMES v. STATE on Complaint of HARTLEY. (No. 13,313.) (Supreme Court of Ohio. Oct. 1, 1912.) Error to Circuit Court, Greene County. Charles L. Darlington, of Cincinnati, for plaintiff in error. R. L. Gowdy and M. J. Hartley, both of Xenia, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK and DONAHUE, JJ., concur.

JAMES v. TOWER. (No. 13,001.) (Supreme Court of Ohio. Oct. 8, 1912.) Error to

Darlington, of Cincinnati, for plaintiff in error. | Columbus, and R. C. Huey, of Youngstown, for M. J. Hartley and R. L. Gowdy, both of Xenia, defendant in error. for defendant in error.

PER CURIAM. Judgment modified as per entry, and affirmed as modified. It is ordered and adjudged by this court that the judgment of the said circuit court be, and the same is hereby, modified in this, to wit, by striking out the words from said decree, "with 6 per cent. interest from July 9, 1885," it appearing from the several findings of fact made by the circuit court that Florence James Tower had violated the orders and judgment of the court made in said cause, and had taken their child in disobedience of the order of said court and fled to parts unknown, and that she had never to the knowledge of T. C. James returned to the state until the trial of this cause in the circuit court, and adding to said decree the words, "with interest at the rate of 6 per cent. per annum from the entering of this decree in this the Supreme Court of this state."

DAVIS, C. J., and SPEAR, JOHNSON, DONAHUE, and O'HARA, JJ., concur.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, JOHNSON, and O'HARA, JJ., concur.

KIRKPATRICK v. SPERRY. (No. 13,382.) (Supreme Court of Ohio. Oct. 15, 1912.) Error to Circuit Court, Knox County. Waight & Moore, of Mt. Vernon, and 'Donald Kirkpatrick and Elton M. Kile, both of Columbus, for plaintiff in error. Owen & Carr, of Mt. Vernon, for defendant in error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, JOHNSON, DONAHUE, and O'HARA, JJ., concur.

KIZZEE V. BIRD IRON CO. (No. 13,381.) (Supreme Court of Ohio. Dec. 19, 1912.) Error to Circuit Court, Lawrence County. A. R. Johnson, A. J. Layne, and Dan C. Jones, all of Ironton, for plaintiff in error. Andrews & Irish and L. K. Cooper, all of Ironton, and ant in error.

JOHNSON et al., Com'rs, v. SHAW. (No. Bannon & Bannon, of Portsmouth, for defend13,391.) (Supreme Court of Ohio. Feb. 4, 1913.) Error to Circuit Court, Logan County. Ernest Thompson and John A. Price, both of Bellefontaine, for plaintiffs in error. H. N. Quigley, of Cincinnati, and W. S. Plum, of Bellefontaine, for defendant in error.

PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, and NEWMAN, JJ., concur.

JONES v. CREAMER et al. (No. 12,992.) (Supreme Court of Ohio. Nov. 19, 1912. Error to Circuit Court, Fayette County. Frank A. Chaffin, of Washington C. H., Ohio, for plaintiff in error. Creamer, Creamer & Thompson, of Washington C. H., Ohio, for defendants in error.

PER CURIAM. Judgment affirmed, on the grounds stated by the circuit court in its report of the case. 13 Ohio Cir. Ct. R. (N. S.) 585.

SPEAR, JOHNSON, DONAHUE, and O'HARA, JJ., concur.

J. W. STEWART & CO. v. MERRYMAN et al. (No.. 13,004.) (Supreme Court of Ohio. Oct. 29, 1912.) Error to Circuit Court, Jefferson County. W. R. Alban and H. S. May, both of Steubenville, for plaintiff in error. W. C. Brown, of Steubenville, for defendants in er

ror.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, JOHNSON, and DONAHUE, JJ., concur.

KERN v. KERN. (No. 13,333.) (Supreme Court of Ohio. Nov. 19, 1912.) Error to Circuit Court, Pickaway County. Barton Walters and C. A. Weldon, both of Circleville, for plaintiff in error. Charles Gerhardt, of Circleville, for defendant in error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, and DONAHUE, JJ., concur. JOHNSON and O'HARA, JJ., dissent.

(Su

KINZEL v. DALBEY. (No. 12,801.) preme Court of Ohio. Dec. 10, 1912.) Error to Circuit Court, Mahoning County. H. A. Ernst and Charles Koonce, Jr., both of Youngs

PER CURIAM. Judgment modified, and cause remanded to court of common pleas. Ground stated in journal entry. It appearing upon the record that the circuit court, among other reasons, reversed the judgment of the common pleas on the ground that the judgment was against the manifest weight of the evidence, said judgment of reversal is therefore affirmed under rule 19 of this court (93 N. E. xii); and it further appearing that the circuit court entered a final judgment in said cause, such final judgment of said circuit court is reversed, set aside, and held for naught, for error of the court in entering the same, it appearing that there is a substantial conflict of evidence in this record, and said cause is remanded to the court of common pleas for a new trial and further proceedings according to law. SPEAR, JOHNSON, DONAHUE, and O'HARA, JJ., concur.

KNEPPER v. ZEIS et al. (No. 12,968.) (Supreme Court of Ohio. Feb. 18, 1913.) Error to Circuit Court, Seneca County. Wagner & Knepper and Dore & Dore, all of Tiffin, for plaintiff in error. J. C. Royer and McCauley & Weller, all of Tiffin, for defendants in error.

PER CURIAM. Judgment of the circuit court reversed, on authority of Hills v. Ludwig et al., 46 Ohio St. 373, 24 N. E. 596, and that of the common pleas court affirmed.

SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

LACEY V. FARMERS' & MECHANICS' NAT. BANK OF CADIZ. (No. 12,678.) (Supreme Court of Ohio. Dec. 19, 1912.) Error to Circuit Court, Harrison County. Albert O. Barnes, of Cadiz, for plaintiff in error. H. Minteer, of Cadiz, for defendant in error. PER CURIAM. Judgment affirmed. DAVIS, C. J., and SPEAR, SHAUCK, and DONAHUE, JJ., concur.

LAKE VIEW LAND & IMPROVEMENT CO. v. SCHATZINGER et al. (No. 12,845.) (Supreme Court of Ohio. Dec. 19, 1912.) Error to Circuit Court, Cuyahoga County. Frank

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LUHRIG COAL CO. v. ALLISON et al. (No. 12,795.) (Supreme Court of Ohio. Dec. 10, 1912.) Error to Circuit Court, Athens County. Dempsey & Nieberding, of Cincinnati, W. E. Peters and Grosvenor, Jones & Worstell, all of Athens, for plaintiff in error. E. A. Tinker, of Chillicothe, and I. M. Foster, of Athens, for defendants in error.

PER CURIAM. Judgment reversed, and judgment for plaintiff in error.

DAVIS, C. J., and SHAUCK, JOHNSON, DONAHUE, and O'HARA, JJ., concur.

McCALLIP v. DENMEAD et al. (No. 12,942.) (Supreme Court of Ohio. Feb. 18, 1913.) Error to Circuit Court, Franklin County. Howard Ferris, of Cincinnati, and J. W. Mooney and Edmund Smith, both of Columbus, for plaintiff in error. Henry C. Taylor, Gumble & Gumble, and William J. Ford, all of Columbus, for defendants in error.

MCKINNON et al. v. STATE. (No. 13,513.) (Supreme Court of Ohio. Oct. 29, 1912.) Error to Circuit Court, Franklin County. Daugherty, Todd & Rarey, of Columbus, McGiffert & Ullman, of Ashtabula, Huling & Huling, Vorys, Sater, Seymour & Pease, and Henderson, Livesay & Burr, all of Columbus, for plaintiffs in error. Timothy S. Hogan, Atty. Gen., and H. J. Booth and R. W. McCoy, both of Columbus, special counsel, for the State.

PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, and O'HARA, JJ., concur.

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MAHONING VALLEY RY. CO. v. MAYYOU. (No. 12,898.) (Supreme Court of Ohio. Feb. 4, 1913.) Error to Circuit Court, Trumbull County. Arrel, Wilson & Harrington, of Youngstown, and Fillius & Fillius, of Warren, for plaintiff in error. Gillmer & Gillmer and G. P. Gillmer, all of Warren, for defendant in error.

PER CURIAM. Judgment affirmed.

SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and WILKIN, JJ., concur.

MARINE BOILER WORKS CO. v. BAKER. (No. 13,546.) (Supreme Court of Ohio. Feb. 4, 1913.) Error to Circuit Court, Lucas tiff in error. C. H. Masters and Ralph Emery, County. Frank H. Geer, of Toledo, for plainboth of Toledo, for defendant in error.

PER

CURIAM. Judgment reversed on 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 reversed. The court find that the circuit court erred in affirming the judgment of the court of common pleas, and, coming now to render the judgment which the circuit court should have rendered, it is hereby ordered and adjudged that the judgment of the common pleas court be reversed for error in the admission of evidence relating to the device used in the shop of plaintiff in error in opening and closing the windows, prior to the time of the employment of the defendant in error, and this cause is remanded to the court of common pleas for a new trial and further proceeding, according to law.

SHAUCK, C. J., and JOHNSON, DONAHUE, WANAMAKER, and NEWMAN, JJ.,

PER CURIAM. Judgment reversed, and concur. judgment for plaintiff in error.

SHAUCK, C. J., and JOHNSON, WANAMAKER, NEWMAN, and WILKIN, JJ., con

MASSILLON IRON & STEEL CO. v. WIE

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