Cases Reported Hocking county. Mr. Edwin D. Ricketts and Mr. S. H. Bright, for plaintiffs in error. Mr. John C. Pettit, for defendant in error. Judgment affirmed. CREW, C. J., SUMMERS, DAVIS and SHAUCK, JJ., concur. No. 11622. THE BALTIMORE & OHIO RAILROAD Co. v. MCKINLEY. Decided October 12, 1909. ERROR to Circuit Court of Richland county. Mr. F. A. Durban; Mr. R. J. King and Messrs. Cumings, McBride & Wolfe, for plaintiff in error. Messrs. Skiles, Green & Skiles, for defendant in error. Judgment affirmed. CREW, C. J., SUMMERS, SPEAR, DAVIS and PRICE, JJ., concur. No. 11625. THE CLEVELAND, AKRON & CoLUMBUS RY. Co. v. DOELFS. Decided October 12, 1909. ERROR to Circuit Court of Knox county. Messrs. Waight & Moore, for plaintiff in error. Messrs. Owen & Carr, for defendant in error. Judgment affirmed. CREW, C. J., SUMMERS, SPEAR and SHAUCK, JJ., concur. No. 11629. GASSMAN v. Kerns et AL. Decided October 12, 1909. ERROR to Circuit Court of Hancock county. Mr. George H. Phelps, for plaintiff in error. Mr. W. B. Whecler; Mr. Charles A. Blackford; Mr. W. L. David and Mr. A. G. Fuller, for defendants in error. Judgment affirmed. CREW, C. J., SUMMERS, SPEAR, DAVIS, SHAUCK and PRICE, JJ., concur. Without Opinion. No. 11635. QUINN V. THE STATE OF OHIO. Decided October 12, 1909. ERROR to Circuit Court of Clark county. Mr. John M. Cole and Mr. Burt Rabbits, for plaintiff in error. Mr. Lawrence E. Laybourne, prosecuting attorney, for defendant in error. Judgment affirmed. CREW, C. J., SUMMERS and PRICE, JJ., concur. No. 11682. THE BALTIMORE & OHIO RAILROAD Co. v. NUTTING. Decided October 12, 1909. ERROR to Circuit Court of Knox County. Mr. F. A. Durban; Mr. R. J. King and Messrs. Waight & Moore, for plaintiff in error. Mr. F. V. Owen; Mr. Harry W. Koons and Mr. William M. Koons, for defendant in error. Judgment affirmed. CREW, C. J., SUMMERS, SPEAR and PRICE, JJ., concur. No. 11763. STAAS V. THE STATE OF OHIO ET • AL. Decided October 12, 1909. ERROR to Circuit Court of Cuyahoga county. Mr. O. W. Broadwell and Messrs. Tanney & Barber, for plaintiff in error. Mr. William G. Geier, assistant prosecutor, for defendants in error. Judgment affirmed. CREW, C. J., SUMMERS, SPEAR, DAVIS, SHAUCK and PRICE, JJ., concur. No. 11828. THE NORTHERN OHIO TRACTION & LIGHT Co. v. YESTERAMSKI. Decided October 12, 1909. ERROR to Circuit Court of Portage county. Messrs. Rogers, Rowley & Rockwell and Mr. A. S. Cole, for plaintiff in error. Mr. J. J. Cases Reported McCormick and Mr. W. J. Beckley, for defendant in error. Judgment affirmed. CREW, C. J., SUMmers, Spear, DAVIS and SHAUCK, JJ., concur. No. 10916. THE AETNA INSURANCE Co. v. PENN ET AL. Decided October 19, 1909. ERROR to Superior Court of Cincinnati. Messrs. Paxton & Warrington and Mr. James J. Muir, for plaintiff in error. Mr. W. A. Hicks; Mr. W. F. North and Messrs. Obermeyre & Sharp, for defendants in error. On rehearing. Former judgment adhered to. 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. Mr. Malcolm Kelly and Mr. George C. Beis, for defendant in error. Judgment affirmed. SUMMERS, DAVIS and PRICE, JJ., concur. 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 & Andrews, for defendant in error. Judgment affirmed. CREW, C. J., SPEAR, SHAUCK and PRICE, JJ., concur. Without Opinion. 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 SHAUCK, JJ., concur. 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 & Leasure and Messrs. Straman & Straman, for defendant in error. Judgment affirmed. SUMMERS, SPEAR and SHAUCK, JJ., concur. 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. Starbuck 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: as follows: "The defendant claims that all the services were rendered by the plaintiff in pursuance of the agrement by which the plaintiff was to render such services as part of his duties in consideration of the agree Cases Reported ment; 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. 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. No. 11087. MARRONE ET AL., PARTNERS, V. THE TELLING BROTHERS ICE CREAM Co. Decided |