Cases Reported

county. Messrs. Smith & Baker, for plaintiff in error. Mr. Orion W. Nelson, for defendant in error. Judgment affirmed. SHAUCK, CREW, SUMMERS and DAVIS, JJ., concur.

No. 10520. DRIVER ET AL., TRUSTEES, ETC., v. THOMPSON. Decided November 17, 1908. ERROR to Circuit Court of Allen county. Messrs. Cable & Parmenter and Messrs. Barr & Jackson, for plaintiffs in error. Messrs. Ridenour & Halfhill, for defendant in error. Judgment affirmed. SHAUCK, CREW, SUMMERS, SPEAR and DAVIS, JJ.,

concur.

No. 10897. BROWN ET AL., COUNTY COMMISSIONERS, V. THE AKRON & CHICAGO JUNCTION RAILROAD CO. ET AL. Decided November 17, 1908. ERROR to Circuit Court of Medina county. Mr. W. H. McClure, prosecuting attorney; Mr. F. W. Woods; Mr. E. P. Thomas and Messrs. Cushing & Siddal, for plaintiffs in error. Mr. J. M. Lessick; Mr. Lee Elliott and Mr. Frank Heath, for defendants in error. Judgment as to five thousand dollars reversed, and in other respects the judgment is affirmed. SHAUCK, CREW, SUMMERS and DAVIS, JJ., concur.

No. 11167. THE PENNSYLVANIA COMPANY 7. ENOS, ADMR. Decided November 17, 1908. ERROR to to Circuit Court of Richland county. Messrs. Douglass & Mengert and Messrs. Carey & Mullins, for plaintiff in error. Messrs. McCray

Without Opinion

& McCray and Mr. S. M. Douglass, for defendant in error. Judgment affirmed. PRICE, C. J., CREW and SPEAR, JJ., concur.

No. 11215. CATALANO 7. CERRI, ADMR. Decided November 17, 1908. ERROR to Circuit Court of Cuyahoga county. Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews, for plaintiff in error. Mr. Harry F. Payer, for defendant in error. Judgment affirmed. PRICE, C. J., SUMMERS, SPEAR and DAVIS, JJ., concur.

No. 11278. THE TOLEDO RAILWAYS & LIGHT Co. v. CAMPBELL. Decided November 17, 1908. ERROR to Circuit Court of Lucas county. Messrs. Smith & Baker, for plaintiff in error. Messrs. Whitlock, Milroy & Mallow and Mr. Ashton H. Coldham, for defendant in error. Judgment reversed and cause remanded for further proceedings according to law. 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 appearing in the charge to the jury on the trial in the court of common pleas, as follows, viz.: "If you find from the evidence that the plaintiff's dray or wagon was upon the track, upon which the car was approaching, and the motorman in charge of the car saw, or by the exercise of reasonable care on his part could have stopped his car, and in the exercise of reasonable and ordinary care he could have done so before the collision with the plaintiff's

Cases Reported

wagon occurred, you will find that the plaintiff is entitled to recover," it appearing that there was no such issue in the pleadings and that the case was not tried upon such a theory. 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 the same is hereby reversed and said cause is remanded to said court of common pleas for further proceedings according to law. SHAUCK, CREW, SUMMERS and DAVIS, JJ., concur.

No. 10715. MCCORKLE 7. WILLIAMS ET AL. Decided November 24, 1908. ERROR to Circuit Court of Hamilton county. Mr. Harry R. Weber, for plaintiff in error. Mr. Wm. H. Pugh and Mr. Anthony B. Dunlap, for defendants in error. Judgment affirmed. SHAUCK, CREW and SPEAR, JJ.,

concur.

Decided

No. 10721. BOGAN V. WAGNER. November 24, 1908. ERROR to Circuit Court of Crawford county. Mr. Thomas Beer, for plaintiff in error. Mr. J. W. Wright; Mr. A. S. Leuthold and Messrs. Finley & Gallinger, for defendant in error. Judgment affirmed. PRICE, C. J., SHAUCK, CREW, SUMMERS and DAVIS, JJ., concur.

No. 10961. COLLINS, ADMX., V. THE BALTIMORE & OHIO RAILROAD Co. Decided November 24, 1908. ERROR to the Circuit Court of Richland

Without Opinion

county. Messrs. Skiles, Green & Skiles, for plaintiff in error. Mr. F. A. Durban and Messrs. Cummings, McBride & Wolfe, for defendant in error. Judgment affirmed. PRICE, C. J., SHAUCK, CREW, SUMMERS and DAVIS, JJ., concu

No. 10973. PUGH, TREASURER, V. DOELKER. Decided November 24, 1908. ERROR to Circuit Court of Franklin county. Mr. George S. Marshall, city solicitor, and Mr. John L. Davies, for plaintiff in error. Messrs. Kinkead, Sheets & West, for defendant in error. Former judgment adhered to. PRICE, C. J., SHAUCK, SUMMERS and SPEAR, JJ., concur.

No. 10974. BOWLAND, TREASURER, 2. COLE ET AL. Decided November 24, 1908. ERROR to Circuit Court of Franklin county. Mr. George S. Marshall, city solicitor, and Mr. John L. Davies, for plaintiff in error. Mr. M. L. Boyd, for defendants in error. Former judgment adhered to. PRICE,

C. J., SHAUCK, SUMMERS and SPEAR, JJ., concur.

No. 10975. PUGH, TREASURER, V. VAN BEHREN. Decided November 24, 1908. ERROR to Circuit Court of Franklin county. Mr. George S. Marshall, city solicitor, and Mr. John L. Davies, for plaintiff in error. Messrs. Kinkead, Sheets & West, for defendant in error. Former judgment adhered to. PRICE, C. J., SHAUCK, SUMMERS and SPEAR, JJ., concur.

Cases Reported

No. 11193. RITCHIE . THE STATE OF OHIO. Decided November 24, 1908. ERROR to Circuit Court of Stark county. Mr. Luther Day, and Mr. W. J. Piero, for plaintiff in error. Mr. Charles C. Upham and Mr. Wade H. Ellis, attorney general, for defendant in error. Judgment affirmed. SHAUCK, SUMMERS and DAVIS, JJ., concur.

V.

No. 11194. CLOSE . PARKER, TREASURER, ET AL. Decided November 24, 1908. ERROR to Circuit Court of Lucas county. Mr. B. A. Hayes, for plaintiff in error. Mr. C. S. Northup, city solicitor, and Mr. Orion W. Nelson, for defendants in error. Judgment affirmed. SHAUCK, CREW and SUMMERS, JJ., concur.

No. 11489. GAYMAN ET AL. V. THE STATE, EX REL. RULISON, PROSECUTING ATTORNEY. Decided November 24, 1908. ERROR to Circuit Court of Hamilton county. Mr. Theodore Horstman, for plaintiffs in error. Mr. Frank F. Dinsmore; Mr. H. M. Rulison, prosecuting attorney, and Messrs. Doyle & Lewis, for defendant in error. Judgment affirmed. PRICE, C. J., SHAUCK, CREW and SUMMERS, JJ., concur. PRICE, C. J. and CREW, J., concur on the sole ground that the committee appointed under the joint resolution had no power to act after the final adjournment of the legislature which could not reconvene of its own motion.

No. 10526.

THE

CAPITOL FOOD Co. V. SHIVELY. Decided December 1, 1908. ERROR