Municipal authorities regulate location of poles and wires in
streets. Huss v. Railways & L. Co. 181.

Private electric light company may erect and maintain poles
and wires in front of residence property for lighting streets notwith-
standing private lighting is also so conducted. Huss v. Railways &
L. Co. 181.

Power of charter city to regulate hours of day labor on public
improvements before state act takes effect. Stange v. Cleveland, 186.
Extra compensation to cover loss resulting from delay in com-
pleting street improvement contract, denied to contractor advised
of conditions. Eberhardt v. Hamilton Co. (Comrs.) 252.

Gas company has no continuing liability to keep service pipes
in safe condition inside curb line. Cooper v. Gas Co. 308.

Permitting sidewalk to become icy in violation of ordinance, does
not impute wantonness or wilfulness, cutting off defense of contribu
tory negligence. Fagins v. Realty Co. 369.

No cause of action against village for material used in street
improvement, without compliance with statutory requirements. Pleas-
ant Ridge v. Limestone Co. 451.

Compliance with Burns law must be pleaded to recover against
municipality. Soeder v. Cleveland, 508.

Power for elimination of grade crossings continuing without limi-
tation of traction company franchise. Cincinnati v. Traction Co. 597.
Street railway franchise no limitation on power to change grade.
Cincinnati v. Traction Co. 597.

Liability of street railway for elimination of grade crossing de-
terminable by jury. Northern Ohio Trac. & L. Co. v. Akron, 644.

NATURALIZATION-

Mandamus does not lie to compel clerk of common pleas to issue
naturalization papers. State v. Salen, 541.

NEGLIGENCE-

See also Carriers; Master and Servant; Negligence; Railroads;
Street Railways.

Last chance doctrine applies to collisions between street cars
and vehicles at street intersections. West v. Gillette, 1.

Last chance doctrine must be pleaded to instruct upon it. Harris
v. Railway, L. & P. Co. 17.

Starting street car before passenger seated not negligence per se.
Cincinnati Trac. Co. v. Burkhardt, 52.

Testimony of party in personal injury case against guardian for
insane party appointed after happening of injury complained of is
not competent. Nolan v. Haberer, 59.

Question of negligence of owner causing lumber to be piled in
unimproved dedicated street and of contributory negligence of pedes-
trian injured by falling board, for jury. Nolan v. Haberer, 59.

Negligence of lineman repairing trolley wires jumping from perch
on approach of car in dangerous proximity question for jury. Mans-
field Ry. L. & P. Co. v. Barr, 79.

Owner of automobile killing person on sidewalk liable for failure
to keep it in safe place. Roth Packing Co. v. Williams. 200.

Question of contributory negligence becomes one for the court
after showing of danger warning to decedent. Arras v. Railway, 214.
Permitting sidewalk to become icy in violation of ordinance,
does not impute wantonness or wilfulness, cutting off defense of con-
tributory negligence. Fagins v. Realty Co. 369.

Burden of proof not on plaintiff to show absence of contributory
negligence. Brinkman v. Lumber Co. 484.

NEGLIGENCE-Continued.

Negligence for captain without warning to order cable hauled in.
Gilchrist Transp. Co. v. Pearson, 513.

Daughter cannot give opinion of effect of mother's injury. North-
ern O. Trac. & L. Co. v. Hanson, 561.

Death resulting directly and proximately from violation of mu-
nicipal ordinance is negligence per se. Neave Building Co. v. Roude-
bush, 589.

NEWSPAPERS-

See Publication.

NEW TRIAL-

See also Error.

Designating second motion for new trial as amendment to first
motion is immaterial. Independent Coal Co. v. Quirk, 471.

Second motion for new trial based upon different and unknown
ground of first motion filed within three days. Independent Coal Co.
v. Quirk, 471.

NUISANCE-

Actual damages only recoverable in action for pollution of run-
ning stream by pumpings from coal mines. Standard Hocking Coal
Co. v. Koontz, 362.

Injunction lies against operation of a plant throwing off noisome
odors. Union Reduction Co. v. John Storey, 504.

OFFICE AND OFFICERS-

Advice of city solicitor not defense to municipal officers vio-
lating injunctions. Massillon Elec. & Gas Co. v. Orrville, 43.

Subsequent board bound by determination as to eligibility for
promotion. State v. Keefer, 204.

Valve-man being unskilled laborer becomes "incumbent of the
place" under present act and entitled to remain on passing non-
competitive examination. State v. Keefer, 217.

Members of county board of education not county officers re-
quiring election. Cline v. Martin, 315.

OIL AND GAS-

See Gas and Oil.

OPTIONS-

See Vendor and Purchaser.

ORDINANCES-

See Municipal Corporations; Statutes.

PARENT AND CHILD-

Common pleas has continuing jurisdiction in divorce as to custody
of children to the exclusion of the juvenile court. Cleveland Prot.
Orphan Asylum v. Soule, 135.

Knowledge of child's need imputed to parent and demand for
maintenance not prerequisite to prosecution for failure to provide for
child. Elem v. State, 376.

Proper venue required shown to convict for failure to properly
provide for child. Noonan v. State, 577.

PARKS-

Appeal lies to probate court order assessing damages for land
appropriated by municipality. Miller v. Akron, 126.

PARTITION-

Finding as to pedigree not reversed for hearsay evidence ad-
mitted or jury trial refused in partition suit. McCune v. Larkin, 357.

PARTNERSHIP-

Representations to third person not conclusive of partnership.
Nielsen v. Taylor, 625.

PARTIES-

Substitution of regularly appointed guardian in action by ward
discharged from insane hospital and dismissal of action not preju
dicial error. Reno v. Love, 296.

PATENTS-

Title to borrow pits adjacent to state canal reservoir is in patentee
and successors and not in lessees of state. Jones v. Myers, 458.

PAYMENT-

Payment of principal and interest at office of attorney conform-
ably to statement in note held payment to principal under equitable
rule. Evans v. Vaughan, 128.

Purpose of statute to reach personal earnings of debtor not to
cases of voluntary payments. Haas v. Haas, 381.

PEDIGREE-

Finding as to pedigree not disturbed if elimination of all branches
originating in given country required. McCune v. Larkin, 357.
Finding as to pedigree not reversed for hearsay evidence admitted
or jury trial refused in partition suit. McCune v. Larkin, 357.
Presence when perjury committed not necessary for conviction
for aiding crime. Walker v. State, 627.

Indictment for aiding and procuring perjury sufficiently charging
accused with knowledge that principal had knowledge. Walker v.
State, 627.

Wording of oath not material in perjury prosecution. Walker v.
State, 627.

PLEADING-

Last chance doctrine must be pleaded to instruct upon it. Harris
v. Railway, L. & P. Co. 17.

Effect of objection to jurisdiction not destroyed by subsequent
answer on the merits. Smith v. Freshwater, 56.

Motion, not demurrer, lies to petition involving replacing of county
bridge, indefinite as location of site of bridge. Swanson v. Tuscarawas
Co. (Comrs.) 91.

Prayer for equitable relief effective to cure technical defects in
terms of pleading setting out salient facts in issue. Krippendorf v.
Ormsby, 172.

Defense of adjudication not denied by allegation of pendency of
cause in Supreme Court. Haley v. King, 259.

Plaintiff on appeal from justice court permitting final judgment
cannot set up claim against proceeding to enforce judgment. Swigerd
v. Deck, 301.

Notice of defects in service pipes or duty to inspect must be
alleged to render gas company liable from leaks. Cooper v. Gas Co.
308.

Court striking from files answer filed by leave because motion
pending for default abuses discretion. Bertram v. Munford Co. 349.
Bill of particulars for breach of warranty to pay incumbrances
cannot be corrected on error showing lack of jurisdiction because
incumbrances were on "Real Estate." Bell v. Mahaffey, 519.

PLEADING-Continued.

Failure of petition to allege amount due not fatal defect. Brown
v. Farr, 662.

PROHIBITION--

Writ of prohibition denied until jurisdiction denied in court chal-
lenged. Oldham, In re, 153.

PRINCIPAL AND AGENT-

Payment of principal and interest at office of attorney conform-
ably to statement in note held payment to principal under equitable
rule. Evans v. Vaughan, 128.

Agent is liable in damages to principal for fraud and failure to
defend suits. Salem Iron Co. v. Miller, 497.

PRINCIPAL AND SURETY-

Surety on replevin bond entitled to benefit of judgment obtained
by principal against defendant in damages for breach of contract.
Evans v. Beddinger, 494.

PRISONS AND REFORMATORIES-

Act relating to delinquent children reformatory in character and
not unconstitutional. Leonard v. Licker, 427.

Commitment of delinquent child to reformatory discretional.
Leonard v. Licker, 427.

PROSECUTING ATTORNEY-

Approval in writing by prosecutor of form and correctness of
contract for building county bridges sufficient compliance with emer-
gency statute. Swanson v. Tuscarawas Co. (Comrs.) 91.

PUBLICATION-

Ordinance for issuing municipal light bonds of general nature
and publication in one newspaper insufficient. Massillon Elec. &
Gas Co. v. Orrville, 43.

Notice prerequisite to sewer assessment sufficient if published
in newspaper. Thatcher v. Toledo, 606.

PURE FOOD LAWS-

Implied warranty of seller of eggs not available to purchaser
receiving without inspection though found four days later unfit for
use. Kean v. Bachelor, 102.

Pure food criminal statute does not change rules of evidence in
action for damages on account of sale of food unfit for use. Kean v.
Bachelor, 102.

Deficient fats or solids sufficient proof in prosecution for selling
milk below standard. Unkrich v. State, 553.

RAILROADS-

Injunction against placing railway track in street until abutting
owner compensated. Sommer v. Pennsylvania Co. 95.

Recovery for death at railway crossing where view of tracks was

hidden sustained. Cincinnati, H. & D. Ry. v. Buxton, 304.

Notice and hearing not required to charge railway with cost of
construction of highway across tracks. Cincinnati v. Railway, 393.
Liability for construction of highway otherwise than grade holds
against both principal and operating railroads. Cincinnati v. Railway,
293.

Excise tax provisions not applicable to railway companies whose
lines are being operated under lease. Cleveland & Pitts. Ry. v. State,

Duty of employe to look and listen before going upon tracks.
Lake Shore & M. S. Ry. v. Brooks, 465.

Municipality contracting with steam railway for elimination of
grade crossing need not consider street railway. Cincinnati v. Trac-
tion Co. 597.

RECEIVERS-

Order disallowing report of receiver not appealable. Becker v.
Real Estate Co. 680.

RECORDS-

Unauthenticated copy of court proceedings not competent as proof
of question of fact. Harlan v. Gunderson, 441

REFERENCE-

Reference to master commissioner proper in equitable proceed.
ing to construe and enforce contract and accounting. Krippendorf
v. Ormsby, 172.

Reference to master commissioner proper in equitable proceeding
to construe and enforce contract and accounting. Krippendorf v.

Ormsby, 172..

Order of reference not reviewable. Widows & Orphans Fund v.
Central Verein, 525.

RELEASES-

Release relied upon as defense obtained through misunderstand-
ing requires no separate action to cancel. Brown v. Farr, 662.

REPLEVIN-

Failure of warehouseman to notify owner of goods in storage
replevined not cause for damages. Herig v. Amos, 593.

Right of property or possession must be found before judgment
for defendant can be entered. Smith Foundry & Sup. Co. v. Banking
Co. 640.

RES ADJUDICATA-

Defense of adjudication not denied by allegation of pendency
of cause in Supreme Court. Haley v. King, 259.

RESCISSION-

Rescission of sale of land under a mistaken impression as to
the boundaries. Mallison v. Duerr, 651.

RESTRAINT OF TRADE-

Contracts in partial restraint of trade strictly construed enforced
only when plain violation appears. Schroeder v. Schultz, 570.

Son agreeing not to engage in named business not enjoinable
from assisting father in same line of business. Schroeder v. Schultz,
570.

REVERSIONS AND REMAINDERS-

Upon abandonment by a town of the public purpose of the dedica-
tion of the land, the property reverts to the original donor. Newark
v. Crane, 114.

REVIVOR-

Proceedings for revivor not appealable. Little v. Aultman-Miller

Co. 531.