Cases Reported in error. Judgment affirmed. SHAUCK and PRICE, JJ., concur. dissents. SPEAR, DAVIS, SUMMERS, C. J., No. 11472. THE CITY OF COLUMBUS ET AL. V. STEPHENSON ET AL. Decided January 18, 1910. ERROR to Circuit Court of Franklin county. Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error. Messrs. Arnold, Morton & Irvine and Messrs. Marriott, Belcher & Connors, for defendants in error. Judgment affirmed. SPEAR, DAVIS, SHAUCK and PRICE, JJ., concur. SUMMERS, C. J., dissents. No. 11473. THE CITY OF COLUMBUS ET AL. V. VOGLE. Decided January 18, 1910. ERROR to Circuit Court of Franklin county. Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error. Messrs. Arnold, Morton & Irvine, for defendant SPEAR, DAVIS, SHAUCK and PRICE, JJ., concur. SUMMERS; C. J., dissents. in error. Judgment affirmed. No. 11474. THE CITY OF COLUMBUS ET AL. V. PUGH. Decided January 18, 1910. ERROR to Circuit Court of Franklin county. Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover, Carter & Davies, for plaintiffs in error. Mr. Walter B. Page, for defendant in error. Judg Without Opinion. ment affirmed. SPEAR, DAVIS, SHAUCK and PRICE, JJ., concur. SUMMERS, C. J., dissents. No. 11475. PHELPS ET AL. V. THE FIDELITY & DEPOSIT CO. OF MARYLAND. Decided January 18, 1910. ERROR to Circuit Court of Hancock county. Mr. George H. Phelps and Mr. William L. David, for plaintiffs in error. Messrs. Burket & Burket, for defendant in error. Judgment affirmed. SUM MERS, C. J., DAVIS, SHAUCK and PRICE, JJ., concur. CLEVELAND V. No. 11477. THE CITY OF MCGOVERN. Decided January 18, 1910. ERROR to Circuit Court of Cuyahoga county. Mr. Newton D. Baker, city solicitor, and Messrs. Wilcox, Wilkin, Stevens & Locher, for plaintiff in error. Messrs. Hart, Canfield & Croke, for defendant in error. Judgment of the circuit court reversed and judgment of the court of common pleas affirmed. SUMMERS, C. J., CREW, SPEAR, DAVIS, SHAUCK and PRICE, JJ., concur. No. 11480. HOLE, GUARDIAN, v. THE CINCINNATI, DAYTON & TOLEDO TRACTION CO. Decided January 18, 1910. ERROR to Circuit Court of Butler county. Mr. Henry T. Hunt and Mr. Edgar A. Belden, for plaintiff in error. Mr. W. A. Shepherd, for defendant in error. Judgment affirmed. SUMMERS, C. J., CREW, DAVIS, SHAUCK and PRICE, JJ., concur. Cases Reported No. 11483. THE CITY OF TOLEDO V. BANGOR. v. Decided January 18, 1910. ERROR to Circuit Court of Lucas county. Mr. Charles S. Northup, city solicitor, and Mr. Charles H. Masters, for plaintiff in error. Messrs. Sala & Carabin, for defendant in error. Judgment of the circuit court reversed and judgment of the court of 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 on the ground that while the doctrine of Railway Co. v. Frye, 80 Ohio St., 289, is adhered to, it is without application in the present case. And this court proceeding to render the judgment the circuit court should have rendered, it is considered and adjudged that the judgment of said court of common pleas be, and the same hereby is, affirmed. SUMMERS, C. J., CREW, DAVIS, SHAUCK and PRICE, JJ., concur. No. 11485. JACOBS V. THE CITY OF NORWALK. Decided January 18, 1910. ERROR to Circuit Court of Huron county. Mr. Stephen M. Young, for plaintiff in error. Mr. W. R. Pruner, city solicitor; Mr. J. R. McKnight and Mr. A. V. Andrews, for defendant in error. Judgment affirmed. SUMMERS, C. J., DAVIS, SHAUCK and PRICE, JJ., concur. No. 11764. THE TOLEDO SHIPBUILDING CO. V. SCHUPP. Decided January 18, 1910. ERROR to Circuit Court of Lucas county. Mr. Garrett Without Opinion. Stevens and Mr. Frank H. Geer, for plaintiff in error. Mr. Stephen Brophy and Messrs. Marshall & Fraser, for defendant in error. Judgment of the circuit court reversed and judgment of the court of common pleas affirmed. SUMMERS, C. J., CREW, SPEAR, DAVIS and PRICE, JJ., concur. No. 11862. THE STATE, EX rel. Unverferth, PROSECUTING ATTORNEY, V. OWENS. Decided January 18, 1910. ERROR to Circuit Court of Putnam county. Mr. U. G. Denman, attorney general; Mr. W. H. Miller and Mr. J. W. Smith, prosecuting attorney, for plaintiff in error. Messrs. Bailey & Leasure, for defendant in error. Judgment of the circuit court affirming the judgment of the court of common pleas in sustaining demurrer to the first cause of action is reversed and the demurrer to the first cause of action overruled. Judgment of the circuit court reversing the judgment of the court of common pleas in sustaining the demurrer to the second cause of action is affirmed and the demurrer to the second cause of action overruled. SUMMERS, C. J., CREW, Spear, DAVIS, SHAUCK and PRICE, JJ., concur. No. 12007. THE CINCINNATI, LAWRENCEBURG & AURORA ELECTRIC STREET RAILWAY Co. v. BARROW, ADMX. Decided January 18, 1910. ERROR to Circuit Court of Hamilton county. Messrs. Robertson & Buchwalter, for plaintiff in error. Mr. Dudley P. Wayne and Mr. W. A. Cases Reported Hicks, for defendant in error. Judgment affirmed. CREW, DAVIS, SHAUCK and PRICE, JJ., concur. No. 12029. THE CITY OF CINCINNATI V. DUBRUHL. Decided January 18, 1910. ERROR to Circuit Court of Hamilton county. Mr. Edward M. Ballard, city solicitor, and Mr. Dudley V. Sutphin, for plaintiff in error. Mr. A. W. Bruck and Mr. P. S. Phillips, for defendant in error. Judgment affirmed. SUMMERS, C. J., CREW, SPEAR, Davis, SHAUCK and PRICE, JJ., concur. No. 12128. NOBLE, AUDITOR, V. THE STATE, EX REL. SLABAUGH ET AL. Decided January 18, 1910. ERROR to Circuit Court of Franklin county. Messrs. Marshall & Weinland, for plaintiff in error. Messrs. Williams, Williams, Taylor & Nash and Mr. Herbert M. Myers, for defendant in error. Judgment affirmed. SUMMERS, C. J., CREW, DAVIS, SHAUCK and PRICE, JJ., concur. No. 8565. THE WHEELING & LAKE ERIE RAILROAD Co. v. THE TOLEDO RAILWAY & TERMINAL Co. Decided January 25, 1910. ERROR to Circuit Court of Lucas county. Messrs. Squire, Sanders & Dempsey; Messrs. Seiders & Monnette and Messrs. Smith & Beckwith, for plaintiff in error. Messrs. King & Tracy Messrs. Hamilton & Kirby and Messrs. Brown, Geddes, Schmettau & Williams, for defendant in error. Judgment af |