Cases Reported. field, Sr., and Mr. L. R. Critchfield, Jr., for defendant in error. Judgment affirmed. SHAUCK, PRICE and JOHNSON, JJ., concur. DONAHUE, J., not participating. No. 12503. NEW YORK, CHICAGO & ST. LOUIS RAILROAD Co. Decided March 28, 1911. ERROR to Circuit Court of Putnam county. Mr. A. A. Slaybaugh and Messrs. Bailey & Leasure, for plaintiff in error. Mr. John H. Clarke and Messrs. Watts & Moore, for defendant in error. Judgment affirmed. DAVIS, SHAUCK, PRICE, JOHNSON and Donahue, JJ., VAN BUSKIRK, ADMX., v. THE concur. No. 12709. GENERAL RAILWAY SIGNAL Co. v. VALOIS, ADMR. Decided March 28, 1911. ERROR to Circuit Court of Lucas county. Messrs. Smith & Baker, for plaintiff in error. Mr. Stephen Brophy, for defendant in error. Judgment affirmed. SPEAR, C. J., DAVIS, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 11716. CHAPMAN v. MAHONING VALLEY RAILWAY CO. Decided April 11, 1911. ERROR to Circuit Court of Mahoning county. Mr. Frank Jacobs and Mr. D. J. Hartwell, for plaintiff in error. Messrs. Arrel, Wilson & Harrington, for defendant in error. Judgment affirmed. SPEAR, C. J., DAVIS, SHAUCK, JOHNSON and DONAHUE, JJ., concur. Without Opinion. Decided No. 11718. BUTLER V. MORRIS ET AL. April 11, 1911. ERROR to Circuit Court of Cuyahoga county. Messrs. Solders, Thayer & Mansfield, for plaintiff in error. Messrs. Westenhaver, Boyd, Rudolph & Brooks, for defendants in error. Judgment affirmed. DAVIS, SHAUCK and PRICE, JJ., concur. De No. 11729. PREUSSER V. DIKOB ET AL. cided April 11, 1911. ERROR to Circuit Court of Cuyahoga county. Mr. Herman Preusser and Mr. Francis J. Wing, for plaintiff in error. Mr. M. P. Mooney; Mr. L. I. Litzler; Messrs. M. B. & H. H. Johnson and Mr. S. A. Grossner, for defendants in error. Judgment affirmed. DAVIS, PRICE and DONAHUE, JJ., concur. No. 11746. HOLLAND, ADMR., v. MAXWELL ET AL., EXRS. Decided April 11, 1911. ERROR to Circuit Court of Greene county. Mr. M. R. Snodgrass, for plaintiff in error. Mr. Charles L. Spencer and Messrs. Maxwell & Maxwell for defendants in error. Petition in error dismissed on authority of Collins v. Davis, 33 Ohio St., 567; and Andrews v. City of Youngstown, 35 Ohio St., 218. DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 11750. ALLEN ET AL. 7. BLASER ET AL. Decided April 11, 1911. ERROR to Circuit Court of Franklin County. Mr. J. W. Coulter; Messrs. Cases Reported. Mitchell & Bruce; Mr. R. V. Sears; Mr. R. W. Johnston; Mr. O. W. Aldrich and Mr. S. M. Bennett, for plaintiffs in error. Mr. M. R. Patterson, for defendants in error. Judgment affirmed. SPEAR, C. J., SHAUCK and JOHNSON, JJ., concur. No. 11768. WOLFE, JR., ET AL. V. THE JUNCTION CITY SEWER PIPE Co. Decided April 11, 1911. ERROR to Circuit Court of Perry county. Messrs. Abernethy & Folsom, for plaintiffs in error. Messrs. Donahue & Spencer, for defendant in error. Judgment affirmed. SPEAR, C. J., DAVIS, Davis, SHAUCK, PRICE and JOHNSON, JJ., concur. No. 11776. THE CITY OF DAYTON v. GOLDSBERRY. Decided April 11, 1911. ERROR to Circuit Court of Montgomery county. Mr. Philo G. Brungam, city solicitor; Mr. Walter V. Snyder, Mr. Charles J. Brennan and Mr. William A. Pohlman, assistant city solicitors, for plaintiff in error. Mr. D. B. Van Pelt and Messrs. Fitzgerald & Sprigg, for defendant in error. Judgment affirmed. Grounds stated in journal entry. This court is of opinion that the evidence offered at the trial with respect to plaintiff forgetting about the condition of the timbers of the bridge was properly excluded, and that the circuit court in holding that ruling to be error was in itself in error as to that matter. But this court being further of opinion that the cause should have Without Opinion. been submitted by the court of common pleas to the jury, and that that court therefore erred in sustaining the motion to direct a verdict for all the defendants, the judgment of the circuit court reversing the judgment of the court of common pleas and remanding the cause to that court for further proceedings with respect to the claim of the plaintiff below against the city of Dayton is affirmed. SPEAR, C. J., JOHNSON and DONAHUE, JJ., concur. No. 11784. BLACKWELL V. THE OHIO CONSOLIDATED OIL CO. Decided April 11, 1911. ERROR to Circuit Court of Harrison county. Mr. R. H. Minteer, for plaintiff in error. Messrs. Hollingsworth & Worley, for defendant in error. Judgment affirmed. DAVIS, PRICE and DONAHUE, JJ., concur. No. 12504. HOMER, EXR., v. Ross. Decided April 11, 1911. ERROR to Circuit Court of Holmes county. Messrs. W. & Wayne Stillwell, for plaintiff in error. Mr. W. J. Weirick, for defendant in error. Judgment affirmed. DAVIS, PRICE and JOHNSON, JJ., concur. No. 12509. THE CHRIS HOLL HARDWARE CO. V. THE LOGAN BRICK SUPPLY Co. Decided April 11, 1911. ERROR to Circuit Court of Hocking county. Mr. Harley M. Whitcraft, for plaintiff Cases Reported. in error. Mr. C. V. Wright, for defendant in error. Judgment affirmed on authority of Davis v. Turner, 69 Ohio St., 101. DAVIS, SHAUCK, PRICE and JOHNSON, JJ., concur. No. 12735. TRACTION Co. HAMBURGER V. THE CINCINNATI Decided April 11, 1911. ERROR to Circuit Court of Hamilton county. Messrs. Horstman & Horstman, for plaintiff in error. Mr. Miller Outcalt and Mr. J. W. Heintzman, for de fendant in error. Judgment affirmed. DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 11456. CAVEY, ADMX., v. ILIFF ET AL. Decided April 18, 1911. ERROR to Circuit Court of Hamilton county. Mr. W. W. Symmes and Mr. Thos. L. Michie, for plaintiff in error. Mr. Drausin Wulsin and Mr. Fred W. Keam, for defendants in error. Judgment of reversal affirmed. Final judgment reversed and cause remanded. Grounds stated in journal entry. This court, finding from the record that the judgment of the circuit court is in effect an adjudication that the judgment of the court of common pleas is against the weight of the evidence, the judgment of reversal is affirmed. But this court being of opinion that the cause should be submitted to a jury, the final judgment rendered by the circuit court is hereby reversed. SPEAR, C. J., DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. |