fession. This series has the advantage of coming later and being conceived on an entirely new and novel, but at the same time a very convenient and useful plan. In the Federal Decisions the cases will not be published chronologically, but will be arranged under appropriate heads. All the cases in the reports to be collected in this series which deal with a particular question, will be collected under one head. This plan has the advantage of giving to the lawyer all the cases that touch upon the point he is investigating with the least possible outlay of time and trouble-"a consummation devoutly to be wished." Again, this series is not merely a selection of important and leading cases, like its predicessors, but it will contain all the cases decided in the Supreme, Circuit and District Courts. The arrangement is modeled after the most approved plan of our best digests; is convenient, practical, and the series can not but be valuable and popular. 123. Robert H. Cochran v. Thomas Almack et al. Error to the District Court of Coshocton County. JOHNSON, C. J. Held: A defendant is a competent witness to transactions with a deceased agent of plaintiff, though not occurring in his presence, if within the scope of such agent's authority. Judgment affirmed. 199. Devereux v. Thornton, by his next friend. Error to the District Court of Cuyahoga County. Judgment affirmed. No penalty. No attorney fee, and no further report. 261. Bodine v. Long. Error to the District Court of Hamilton County. Judgment reversed on authority of Williams v. Hancock, 35 Ohio St. 296, and cause remanded to the district court for a new trial. 261. Binekly . Brown; assignee, etc. Error to the District Court of Lucas County. Dismissed for want of prepration, under rule 4. MOTION DOCKET. 275. Etheniel Betz . John Bryan et al. Motion for leave to file a petition in error to reverse the judgment of the District Court of Gallia County. DOYLE, J. In 1865 Bryan and others being in actual possession under claim of title, conveyed Gallipolis Island to E. B. by deed, with covenants of warranty and seizin, and placed him in peaceable possession thereof. E. B. continued in such possession of the whole sl und until February, 1874, when he conveyed the same to B. B. by deed with covenants of general warranty and seizin and placed her in full possession thereof. In 1873 C., in an action of ejectment against E. B. obtained a judgment for the recovery by metes and bounds of part of the island, but there was no actual eviction of E. B. thereunder. In the summer of 1874 B. B. was evicted under such judgment from the part of the island covered thereby. Held: The covenants of seizin in the deed from Bryan et al. were real covenants, and passed by the conveyance to B. B., hence no action can be maintained thereon by E. B. Motion overruled. 280. Edmund C. Morgan and others, partners, under the name of Morgan, Root & Co, plaintiffs, v. H. A. Boyer and H. A. Bowlus, defendants. Motion for leave to file a petition in error to the District Court of Seneca County. UPSON, J. 1. The rule that the language of a promise is to be construed most strongly against the promisor, can not properly be applied to the construction of a guaranty. 2. A guarantor, like a surety, is bound only by the express terms of his contract. 3. The language used is to be understood in its plain and ordinary sense, as read in the light of the surrounding circumstances, the situation of the parties, and the object of the guaranty, and that construction given which most nearly conforms to the intention of the parties. 4. If the language is equally capable of each construction, the one will be adopted which construes it to be limited, and not the one which construes it to be continuing. 5. A guaranty in the following words: "Messrs. Morgan, Root & Co. "The bearer, Mr. H. A. Bowlus, is visiting your city, buying a few goods in your line, and anything you may be able to sell him will be paid promptly as agreed on, which I herewith guarantee. is not a continuing guaranty. Motion overruled. "H. A. BOYER." 294. Pittsburgh and Lake Erie Railroad Company . A Cunnington Son. Motion for leave to file a petition in error to reverse the judgment of the District Court of Mahoning County. OKEY, J. 1. Where a private road extends across the track and right of way of a railroad company, and connects with a public highway, the company is required to maintain across such private road suitable fences, or provide other protection against injuries which may result from animals passing from such highway through the private road on or along the railroad track. 2. Books kept by a railroad company solely for its own use in the management of its business, are not admissible as evidence, when offered by the company, in an action against it by a stranger to such company seeking to recover damages sustained by the company's negligence. Motion overruled. 266. Cincinnati & Eastern Railway Co. r. L. D) Fisher. Motion for leave to file a petition in error to the District Court of Clermont County. MCILVAINE, J., Held: The act of April 7, 1876, "relative to changing of proposed lines and termini of railroads,” authorizes a railroad company, in certain cases, by a majority of its directors, with the written consent of three fourths in interest of the stock holders, to change the location of its proposed line of road, or a part thereof, provided "that any subscription of stock made upon the faith of the location of such railroad, or a part thereof, upon any line abandoned by such change, shall be canceled at the written request of the subscriber not having assented as aforesaid, filed with the secretary or other chief officer of the company." Held: A subscriber, who expressly stipulates against any change in the line of road, though after the passage of the statute, is not concluded by its provisions. The failure of such subscriber, after a change in the location has been made, to request in writing the cancelation of his subscription, is not a waiver of the conditions of his contract. Motion overruled. 311. M. D. Branahan et al. v The Cin. Hotel Company. Motion for leave to file a petition in error to the District Court of Hamilton County. JOHNSON, C. J. Held: Under authority of an ordinance of the city of Cincinnati, B. aud others, who were the owners and drivers of hackney coaches, used and occupied the side of the public street on which the plaintiff's store rooms fronted, as a hackney coach stand, in such manner and so constantly, as to constitute an unlawful interference with the use and enjoyment of plaintiff's premises, and so as to render access to the store rooms of the plaintiff impossible. Held: That such grant was without authority of law, and constitutes no justification for obstructing the piaintiff's right of access to the street. Motion overruled. 230. Bly et al. . Johnson. Motion to dismiss cause No. 666 on the General Docket. Motion granted. 232. Benton et al. v. Cranston et al. Motion for leave to file a petition in error to the District Court of Union County. Motion overruled. 253. The Meriden Silver Plate Co. . Flory & Havens. Motion for leave to file a petition in error to the District Court of Licking County. Motion granted. 267. Cincinnati & Eastern Railway Co. v. Powell. Motion for leave to file a petition in error to the District Court of Clermont County. Motion overruled. 288. Cincinnati & Eastern Railway Co. r. Ayer. Motion for leave to file a petition in error to the District Court of Clermont County. Motion overruled. 289. Cincinnati & Eastern Railway Co. e. Witham. Motion for leave to file a petition in error to the District Court of Clermont County. Motion overruled. 274. Cincinnati & Eastern Railway Co. ». Jones. Motion for leave to file a petition in erior to the District Court of Clermont County. Motion overruled. 284. Baltimore & Ohio Railway Co. v. Price. Motion for leave to file a a petition in error to the District Court of Licking County. Motion granted. 287. Tinker et al. ». Crew et al. Motion for leave to file a petition in error to the District Court of Hardin County. Motion overruled. 288. Ruggles . Crew et al. Motion for leave to file a petition in error to the District Court of Hardin County. Motion overruled. 289. Carter et al. . Crew et al. Motion for leave to file a petition in error to the District Court of Hardin County. Motion overruled. 290. Wardell v. Crew et al. Motion for leave to file a petition in error to the District Court of Hardin County. Motion overruled. 293. C. C. C. & I. Railroad Co. v. Beverstock. Motion for leave to file a petition in error to the District Court of Richland County. Motion granted. 295. Cross, Administrator, etc., v. Armstrong. Motion for leave to file a petition in error to the District Court of Tuscarawas County. Motion granted. 296. Board of Commissioners of Perry County . N. S. & S. R. R. Co. Motion for leave to file a petition in error to the District Court of Perry County. Motion granted. 297. Wright". Wright. Motion for leave to file a petition in error to the District Court of Perry County. Motion overruled. 29. Dye v. Gay. Motion to reinstate cause No. 1300, General Docket, and for leave to file printed record. Motion overruled. 300. Schutte et al. v. Crossley.` Motion for leave to file a petition in error to the District Court of Montgomery County. Motion overruled. 30). Wills v. Goodwin. Motion for leave to file a petition in error to the District Court of Tuscarawas County. Motion granted. 302. Rawson & Son v. Reid & Co. Motion for leave to file a petition in error to the District Court of Richland County. Motion overruled. 303. Walker v. Whitterberger. Motion for leave to file a petition in error to the District Court of Hamilton County. Motion overruled. 304. Eckstin, Hills & Co. v. Commissioners of Hamilton County. Motion for a re-hearing of cause No. 213 on the General Docket. Motion overruled. 305. Arcade Hotel Co. v. Wiatt. Motion for leave to file a petition in error to the District Court of Hamilton County. Motion granted. 306. Young v. Brown, Eager & Co. Motion to reinstate cause No. 961, General Docket. Motion overruled. 307. Lilley v. Draper, by next friend. Motion for leave to file a petition in error to the District Court of Huron County. Motion overruled. 308. Holler v. Jones et al. Motion to dispense with printing the record in cause No. 1338 on General Docket. Motion overruled. 309. Lilley v. Draper. Motion for leave to file a petition in error to the District Court of Huron County. Motion overruled. 310. C. C. C. & I. R. R. Co. v. Nazor. Motion for stay of execution in cause No. 732 on the General Docket. Motion overruled. ASSIGNMENTS FOR ORAL ARGUMENT, Friday, November 2. 265. Randall Douds v. The State of Ohio. Error. Reserved in the District Court of Summit County. 266. Archibald McAlonan v. The State of Ohio. Error. Reserved in the District Court of. Summit County. Friday, November 9. 285. Winthrop B. Smith v. Mary A. Harrison. Error to the Superior Court of Cincinnati. 303. Conrad Krafthoeffer v. Sallie C. Hoffman. Error to the District Court of Pickaway County. Friday, November 16, 309. William G. Wilson v. The Leader Printing Company. Error to the District Court of Cuyahoga County. 315. P. C. & St. L. Ry. Co. v. Charles E. McDonald. Error to the District Court of Franklin County. Friday, November 23. 319. Charles S. Dickey et al. v. John E. Vore et al. Error to the District Court of Morgan County. 325. Hershiser, Adams & Co. v. R. Florence and wife. Error to the District Court of Madison County. Friday, December 7. 341. Pittsburgh, Cincinnati & St. Louis Railway Co. v. Wm. P. Hays, Administrator, etc. Error to the District Court of Jefferson County. 369. Levi C. Goodale v. James G. Hunt et al. Error to the District Court of Hamilton County. |