Without Opinion. Mr. Charles A. Strauch, for defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur. No. 13422. MILLER ET AL. V. SMITH. Decided June 3, 1913. ERROR to Circuit Court of Seneca county. Mr. W. D. Pence and Mr. Willis Bacon, for plaintiffs in error. Messrs. Wagner & Knepper, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., con cur. No. 13430. WHITE ET AL. 7. WHITE ET AL. Decided June 3, 1913. ERROR to Circuit Court of Wood county. Mr. Edgar H. Johnson and Mr. Eugene Rhinefrank, for plaintiffs in error. Mr. J. W. Lane, for Rose White, defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur. No. 13433. WARNOCK V. WILKINSON ET AL. Decided June 3, 1913. ERROR to Circuit Court of Belmont county. Mr. Harry C. Shepherd, for plaintiff in error. Mr. Fred Spriggs, for defendants in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur. No. 13434. WARNOCK V. PORTERFIELD. Decided June 3, 1913. ERROR to Circuit Court of Mr. Harry C. Shepherd, for Mr. Fred Belmont county. plaintiff in error. Mr. Fred Spriggs, for defend ant in error. Cases Reported Judgment affirmed. WANAMAKER and WILKIN, JJ., concur. JOHNSON, No. 13435. WARNOCK V. OGILBEE. Decided June 3, 1913. ERROR to Circuit Court of Belmont county. Mr. Harry C. Shepherd, for plaintiff in error. Mr. Fred Spriggs, for defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur. No. 13436. THE LIMA LOCOMOTIVE & MACHINE Co. V. THE CINCINNATI, HAMILTON & DAYTON RY. Co. Decided June 3, 1913. ERROR to Circuit Court of Allen county. Messrs. Prophet & Eastman and Messrs. Barr & Jackson, for plaintiff in error. Mr. Morison R. Waite and Mr. I. R. Longworth, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur. No. 13439. N. M. URI & Co. v. Schuler, ASSIGNEE. Decided June 3, 1913. ERROR to Circuit Court of Crawford county. Messrs. Leuthold, McCarron & Leuthold, for plaintiff in error. Mr. H. R. Schuler, for defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur. No. 13908. THE STATE, EX REL. FRENCH, V. CLOUGH. Decided June 3, 1913. ERROR to Circuit Court of Cuyahoga county. Messrs. Wing, Without Opinion. Myler & Turney, for plaintiff in error. Messrs. Smith, Taft & Arter, for defendant in error. Judgment affirmed. SHAUCK, C. J., NEWMAN and WILKIN, JJ., concur. No. 13157. JONES ET AL. V. JONES BROTHERS. Decided June 10, 1913. ERROR to Circuit Court of Knox county. Mr. J. M. McGillivray; Messrs. Waight & Moore and Mr. W. Z. Davis, for plaintiff in error. Mr. Frank W. Owen and Mr. Ferdinand Jelke, Jr., for defendant in error. On rehearing. Judgment modified as shown in journal entry. The application of plaintiff in error for a rehearing herein having heretofore been allowed, this cause came on again to be heard upon the transcript of the record of the circuit court of Knox county, and was argued by counsel. On consideration whereof, it is ordered that the former entry herein, made March 28, 1913, be vacated and set aside, and this court finds that the circuit court erred in finding, that the clause, "no monetary allowance shall be made for any delays of whatever character" (which was included in the contract between the parties), should be eliminated, and in ordering that the cause be remanded to the court of common pleas for trial to a jury, to hear and determine the injury and loss to plaintiffs caused by reason of defendants not having the entire right of way over said proposed line at the time of beginning said work on or about November 6, 1905, and thereafter, and to fix Cases Reported and assess any damages therefor according to law. It is, therefore, ordered and adjudged that the judgment of the circuit court be, and the same is hereby, modified by striking therefrom as much thereof as is included in the finding and orders above set forth, and in all other respects the said judgment of the circuit court is hereby affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13166. THE MAHONING VALLEY RY. Co. v. CONNORS. Decided June 10, 1913. ERROR to Circuit Court of Mahoning county. Messrs. Arrel, Wilson, Harrington & DeFord, for plaintiff in error. Mr. S. D. L. Jackson and Mr. J. V. Murphy, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. Decided No. 13249. MOORE v. MOORE ET AL. June 10, 1913. ERROR to Circuit Court of Sandusky county. Mr. W. W. Campbell and Mr. J. B. Stahl, for plaintiff in error. Messrs. Kinney, O'Farrell & Rimelspach and Mr. J. M. Sheets, for defendants in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13250. YEOMAN 7. KUESTER. Decided June 10, 1913. ERROR to Circuit Court of Morrow Without Opinion. county. Mr. S. C. Kingman and Messrs. Harlan & Wood, for plaintiff in error. Mr. Harry C. Miller; Mr. J. W. Barry and Mr. T. B. Mateer, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13255. THE FARMERS MUTUAL FIRE INSURANCE ASSN. 7. BAKER. Decided June 10, 1913. ERROR to Circuit Court of Butler county. Messrs. Brennan & Stauter and Messrs. Jones & Routzohn, for plaintiff in error. Mr. Isaac Baker and Mr. Walton S. Bowers, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13257. YURJEVIC V. VUKELIC. Decided June 10, 1913. ERROR to Circuit Court of Jefferson county. Mr. W. C. Brown, for plaintiff in error. Messrs. Erskine & Smith, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13261. THE LANCASTER LEATHER Co. v. CARPENTER. Decided June 10, 1913. ERROR to Circuit Court of Fairfield county. Mr. C. W. McCleery, for plaintiff in error. Mr. W. K. Martin and Mr. M. A. Daugherty, for defendant in error. Judgment affirmed. DONAHUE, WANAMAKER and NEWMAN, JJ., concur. |