Without Opinion. No. 12860. DUM V. SNYDER. Decided Decem ber 19, 1911. ERROR to Circuit Court of Fairfield county. Mr. C. A. Radcliffe and Mr. Ben R. Dolson, for plaintiff in error. Mr. Clarence C. Curtain; Mr. M. A. Daugherty and Mr. Irvin F. Snyder, for defendant in error. Judgment affirmed on authority of Andrews v. Lembeck, 46 Ohio St., 38, and Barber v. Knowles, 77 Ohio St., 81. SPEAR, C. J., DAVIS, SHAUCK, PRICE and JOHNSON, JJ., concur. DONAHUE, J., not participating. No. 12875. THE COLUMBUS GAS & FUEL Co. V. DECKER. Decided December 19, 1911. ERROR to Circuit Court of Franklin county. Messrs. Addison & Addison, for plaintiff in error. Mr. W. H. Jones and Mr. L. J. Hegelheimer, for defendant in error. Judgment of the common pleas and circuit courts reversed, and judgment for plaintiff in error. 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 affirming and in not reversing the judgment of the court of common pleas of Franklin county in the case of Andrew Decker v. The Columbus Gas & Fuel Company. And this court finding that, by the evidence introduced by the plaintiff below, the said plaintiff was himself guilty of negligence contributing directly to his injury, the plaintiff below, having full and entire knowledge of the dangers of the situation as was shown by his own evidence. And proceed Cases Reported ing to render the judgment which said circuit court should have rendered, it is considered and adjudged that the judgment of the court of common pleas in said cause be, and the same hereby is, reversed and final judgment is here entered in favor of the plaintiff in error against the defendant in error, dismissing the petition of the defendant in error, at his costs. SPEAR, C. J., DAVIS, SHAUCK and PRICE, JJ., concur. No. 12952. WILSON ET AL. v. BARR, CLERK, ET AL. Decided December 19, 1911. ERROR to Circuit Court of Franklin county. Messrs. Pugh & Pugh and Messrs. Wilson & Rector, for plaintiffs in error. Mr. E. L. Weinland, city solicitor, and Mr. Charles A. Leach, assistant city solicitor, for defendants in error. Judgment affirmed. DAVIS, PRICE and DONAHUE, JJ., concur. No. 12181. THE J. WALKER BREWING Co. v. SCHMIDT. Decided December 22, 1911. ERROR to Circuit Court of Greene county. Mr. W. L. Miller and Mr. C. T. Coppock, for plaintiff in error. Mr. M. A. Broadstone and Mr. Horace L. Smith, for defendant in error. Judgment affirmed. SPEAR, C. J., SHAUCK and JOHNSON, JJ., concur. No. 12191. BOWLUS, TRUSTEE, v. ROSENDAUL. Decided December 22, 1911. ERROR to Circuit Court of Defiance county. Mr. John B. Stahl and Mr. E. L. Bogue, for plaintiff in error. Mr. Without Opinion. Charles E. Scott, for defendant in error. Judgment affirmed. DAVIS, PRICE and DONAHUE, JJ., concur. No. 12226. THE CONCORDIA INSURANCE Co. v. KUEBELER, SOLE SURVIVING PARTNER OF JACOB KUEBELER & Co. Decided December 22, 1911. ERROR to Circuit Court of Erie county. Messrs. King, Guerin & Ramsey and Mr. J. W. Mooney, for plaintiff in error. Mr. George C. Beis, for defendant in error. Judgment reversed. Grounds stated in the 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 the following reasons: That the testimony of the witness Louise Price, as objected to on pages 37 to 40 of the printed record, was incompetent and that said testimony as admitted does not prove a denial of liability. 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 it hereby is reversed for the reasons aforesaid, and this cause is remanded to the court of common pleas for further proceedings according to law. DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12228. THE LUHRIG COAL Co. v. ALLISON, EXECUTOR. Decided December 22, 1911. ERROR to Circuit Court of Athens county. Messrs. Dempsey & Nieberding; Mr. W. E. Peters and Cases Reported Messrs. Grosvenor, Jones & Worstell, for plaintiff in error. Mr. E. A. Tinker and Mr. I. M. Foster, for defendant in error. Judgment affirmed. DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12234. ERIE RAILROAD CO. v. THE ETNA INSURANCE CO. ET AL. Decided December 22, 1911. ERROR to Circuit Court of Portage county. Messrs. Cushing, Siddall & Palmer, for plaintiff in error. Messrs. Webb & Webb, for defendants in error. Judgment affirmed. SPEAR, C. J., Davis, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12235. CONAWAY, TRUSTEE, V. SMITH ET AL. Decided December 22, 1911. ERROR to Circuit Court of Lorain county. Mr. J. C. Conaway and Mr. Anthony Nieding, for plaintiff in error. Mr. Quincy A. Gillmore, for defendants in error. Judgment affirmed. DAVIS, SHAUCK and PRICE, JJ., concur. No. 12336. HART, EXR., v. BARRY. Decided December 22, 1911. ERROR to Circuit Court of Morgan county. Mr. John J. Adams and Messrs. Ivers & Danford, for plaintiff in error. Mr. Frank H. Southard; Mr. L. J. Weber and Mr. George W. Barry, for defendant in error. Judgment affirmed. SPEAR, C. J., SHAUCK, PRICE and JOHNSON, JJ., concur. Without Opinion. No. 12333. THE CONCORDIA INSURANCE Co. v. KUEBELER, SOLE SURVIVING PARTNER OF JACOB KUEBELER & Co. Decided December 22, 1911. ERROR to Circuit Court of Erie county. Messrs. King, Guerin & Ramsey and Mr. J. W. Mooney, for plaintiff in error. Mr. George C. Beis, for defendant in error. Judgment affirmed. DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12861. KENT V. ERWIN ET AL. Decided December 22, 1911. Error to Circuit Court of Scioto county. Mr. Noah J. Dever and Mr. James S. Thomas, for plaintiff in error. Mr. Oscar W. Newman, for defendants in error. Judgment affirmed. DAVIS, SHAUCK, PRICE and DONAHUE, JJ., concur. No. 13091. ALLEN ET AL. V. NICHOLS ET AL. Decided December 22, 1911. ERROR to Circuit Court of Columbiana county. Messrs. Billingsley, Clark & Moore and Messrs. Long, Yarlott & Souder, for plaintiffs in error. Mr. C. S. Speaker; Mr. George T. Farrell; Messrs. Metzger & Smith; Mr. Edward Nichols; Mr. Ross W. Firestone and Mr. W. G. Wells, for defendants in error. Judgment affirmed. SPEAR, C. J., PRICE and DONAHUE, JJ., concur. No. 12051. BIEDINGER, ADMX., 7. BOWEN ET AL., EXRS. Decided January 9, 1912. ERROR to Circuit Court of Hamilton county. Mr. J. B. |