Cases Reported

No. 11804. BROWN, MAYOR, 7. 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.

No. 11058. RIDINGS. CHANEY ET AL. Decided February 1, 1910. ERROR to Circuit Court of Clermont county. Messrs. Davis & Davis; Mr. W. F. Roudebush and Mr. W. A. Roudebush, for plaintiff in error. Messrs. Hayes & Swain and Messrs. Frazier & Hicks, for defendants in error. Judgment affirmed. CREW, Spear, Davis, SHAUCK and PRICE, JJ., concur.

No. 11197. KLING ET AL., PARTNERS, 7. JAMISON ET AL., PARTNERS. Decided February 1, 1910.

Without Opinion.

ERROR to Circuit Court of Darke county. Messrs. Robeson & Yount and Messrs, Fitzgerald & Sprigg, for plaintiffs in error. Messrs. Martz & 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 requiring 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.

No. 11203. THE CITY OF CLEVELAND ET AL. V. JOHNSON. Decided February 1, 1910. ERROR to Circuit Court of Cuyahoga county. Mr. Newton D. Baker, city solicitor, and Messrs. Wilcox, Wilkin, Stevens & Locher, for plaintiffs in error. Messrs. Ford, Snyder & Tilden, for defendant in

Grounds stated in

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 SHAUCK, JJ., concur.

No. 11212. THE NATIONAL CITY BANK OF CLEVELAND 7. 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.

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 W. Porter and Mr. P. P. Lewis, for defendant in error. Judgment affirmed. CREW, SPEAR and SHAUCK, JJ., concur.

Without Opinion.

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. H. L. Conn, for plaintiff in error. Mr. H. C. Glenn, for defendants in error. Judgment affirmed. Summers, C. J., DAVIS and PRICE, JJ., concur.

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 H. Clark and Mr. James M. Schooler, for defendant in error. Judgment affirmed. CREW, SPEAR and SHAUCK, JJ., concur.

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. H. A. Reeve; Mr. H. L. Conn and Mr. O. A. Balycat, for defendant in error. Judgment affirmed. SUMMERS, C. J., DAVIS and PRICE, JJ., concur.

No. 11507. THE LAKE ERIE & WESTERN RAILROAD Co. v. GOOD, ADMR., et al. Decided February 1, 1910. ERROR to Circuit Court of Mercer county. Mr. John B. Cockrum; Mr. Walter B. Richie and Mr. John W. Lorce, for plaintiff in error. Messrs. Ford & Raudabaugh, for defend

Cases Reported

ants 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, SHAUCK 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 crosspetitioner 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.

v.

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., H. 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.

No. 11511. MCROBERTS ET AL. V. BARNARD ET AL. Decided February 1, 1910. ERROR to Circuit