Cases Reported No. 12181. THE CITY OF SALEM V. GREEN. Decided December 12, 1911. No. 12183. THE CITY OF SALEM V. COBOURN. Decided December 12, 1911. ERROR to Circuit Court of Columbiana county. Mr. John E. Scott and Mr. S. W. Ramsey, for plaintiff in error. Mr. K. L. Cobourn and Mr. W. S. Anderson, for defendant in error. Judgment affirmed. SPEAR, C. J., PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12190. THE COLUMBUS RAILWAY & LIGHT Co. v. SHAW, AN INFANT, BY ETC. Decided December 12, 1911. ERROR to Circuit Court of Franklin county. Messrs. Booth, Keating, Peters & Pomerene, for plaintiff in error. Mr. G. J. Marriott and Mr. John A. Connor, for defendant in error. Judgment affirmed. SPEAR, C. J., Davis, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12199. POPP v. POPP. Decided December 12, 1911. ERROR to Circuit Court of Montgomery county. Messrs. Fitzgerald & Sprigg and Mr. D. B. VanPelt, for plaintiff in error. Messrs. Mattern & Brumbaugh and Messrs. McKemy & Cline, for defendant in error. Judgment of the circuit court vacated and cause remanded on the grounds stated in the journal entry. Without Opinion. It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, vacated on the ground that the court erred in the rejection of evidence offered by the plaintiff in error and in holding that it was without jurisdiction to try the question as to the division of the property, in holding that such division of property was not alimony, and the cause therefore not appealable; and this cause is remanded to the circuit court of Montgomery county with direction to proceed to hear the cause upon its merits, and further proceedings according to law. SPEAR, C. J., DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12203. BARRETT ET AL. V. TAYLOR ET AL. Decided December 12, 1911. ERROR to Circuit Court of Wayne county. Mr. M. L. Spooner and Mr. Atlee Pomerene, for plaintiffs in error. Mr. Mahlon Rouch; Mr. A. D. Metz and Messrs. Taylor & Taylor, for defendants in error. Judgment affirmed. SPEAR, C. J., DAVIS, PRICE, SHAUCK and JOHNSON, JJ., concur. DONAHUE, J., not participating. No. 12854. THE CITY OF ELYRIA V. GOOD. Decided December 12, 1911. ERROR to Circuit Court of Lorain county. Mr. H. A. Pounds and Mr. S. M. Douglass, for plaintiff in error. Mr. G. B. Findley, for defendant in error. Judgment affirmed. SPEAR, C. J., DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. Cases Reported No. 12855. THE CITIZENS GAS & ELECTRIC Co. v. THE CITY OF ELYRIA. Decided December 12, 1911. ERROR to Circuit Court of Lorain county. Mr. S. M. Douglass and Mr. George H. Chamberlain, for plaintiff in error. Mr. H. A. Pounds, for defendant in error. Judgment afaffirmed. SPEAR, C. J., DAVIS, PRICE, SHAUCK, and JOHNSON, JJ., concur. No. 12858. RAUDABAUGH V. THE INCORPORATED VILLAGE OF CELINA. Decided December 12, 1911. ERROR to Circuit Court of Mercer county. Mr. I. F. Raudabaugh, for plaintiff in error. Mr. J. D. Johnson, for defendant in error. Judgment affirmed. SPEAR, C. J., DAVIS, SHAUCK, JOHNSON and DONAHUE, JJ., concur. Decided No. 12174. LIGGETT v. LONG ET AL. December 19, 1911. ERROR to Circuit Court of Carroll county. Messrs. Fimple & Eckley, for plaintiff in error. Mr. T. H. Loller and Messrs. McDonald & Oglevee, for defendants in error. Judgment affirmed. DAVIS, PRICE and DONAHUE, JJ., concur. No. 12192. THE COUNTY COMMISSIONERS OF HARDIN COUNTY ET AL. v. Saylor et AL. Decided December 19, 1911. ERROR to Circuit Court of Hardin county. Mr. James R. Stillings, for plaintiffs in error. Messrs. Smick & Hoge, for defendants in error. Judgment affirmed. DAVIS, PRICE and DONAHUE, JJ., concur. Without Opinion. No. 12209. HAPP 7. RHODE ISLAND INSURANCE Co. Decided December 19, 1911. ERROR to Circuit Court of Lucas county. Mr. O. S. Brumback, for plaintiff in error. Mr. J. W. Mooney and Messrs. Doyle & Lewis, for defendant in error. Judgment affirmed. DAVIS, SHAUCK, JOHNSON and DONAHUE, JJ., concur. No. 12210. THE CLEVELAND, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY Co. v. CUMMINS, ADMX. Decided December 19, 1911. ERROR to Circuit Court of Sandusky county. Messrs. Wilson, Hunt & Garn; Mr. L. J. Hackney and Mr. Frank L. Littleton, for plaintiff in error. Messrs. Garver, Garver & Garver and Mr. E. L. Bogue, for defendant in error. Judgment affirmed. SPEAR, C. J., PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12221. IRELAND ET AL. v. WELLS. Decided December 19, 1911. ERROR to Circuit Court of Van Wert county. Messrs. Blachley & Kerns and Messrs. Smith & Baker, for plaintiffs in error. Mr. H. L. Conn and Mr. W. H. Dailey, for defendant in error. Judgment of the circuit court reversed and that of the common pleas affirmed. 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 reversing and in not affirming the judgment of the court of common pleas of Van Wert county in the case of Cases Reported Edgar R. Wells v. Charles Ireland et al. And this court being of opinion that, by the evidence of the plaintiff below, it is shown that no duty was owed to him on the part of the defendants to protect him from injury under the circumstances of the case, and that plaintiff below was himself guilty of negligence proximately contributing to his injury, the court of common pleas did not commit error in sustaining the motion of the defendants below, at the conclusion of all the evidence, to direct a verdict for the defendants; and therefore the judgment of said court of common pleas is affirmed. It is further considered and adjudged that the petition of plaintiff below be and the same is hereby dismissed at his costs, and it is further considered and adjudged that plaintiffs in error go hence and recover of defendant in error their costs in this court and in the courts below. SPEAR, C. J., DAVIS, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur. No. 12224. SHEIDLER V. THE JOINT BOArd of COUNTY COMMISSIONERS OF PUTNAM, HENRY, HANCOCK AND WOOD COUNTIES, ET AL. Decided December 19, 1911. ERROR to Circuit Court of Putnam county. Mr. A. A. Slabaugh and Messrs. Bailey & Leasure, for plaintiff in error. Mr. Charles Blackford; Mr. Thomas Muscahy; Mr. William Dunipace and Mr. J. W. Smith, for defendants in error. Judgment affirmed. Davis, SHAUCK, PRICE and JOHNSON, JJ., concur. |
