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INNIS et al. v. W. V. SMITH CO. et al. (No. 9,276.) (Supreme Court of Ohio. Oct. 24, 1905.) Error to Circuit Court, Van Wert County. Ó. S. Brumback and Saltzgaber, Hoke & Osborn, for plaintiffs in error. Guthery, Taber & Clapp, Cable & Parmenter,. and C. O. & H. G. Richie, for defendants in error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, PRICE, CREW, and SUMMERS, JJ., concur.

JAKOWENKO v. DES MOINES LIFE ASS'N. (No. 9,086.) (Supreme Court of Ohio. March 27, 1906.) Error to Circuit Court, Hamilton County. Ótis H. Fisk, for plaintiff in error. Robert Ramsey, for defendant in error. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

JEWETT CAR CO. v. NOTT. (No. 9,490.) (Supreme Court of Ohio. March 20, 1906.) Error to Circuit Court, Licking County. Wright & Wright, for plaintiff in error. S. L. James and Flory & Flory, for defendant in error.

PER CURIAM. Judgments of circuit and common pleas courts reversed, and judgment for plaintiff in error; 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 affirming the judgment of the court of common pleas of Licking county, Ohio, in said cause, for the reason that the special findings of the jury are inconsistent with its general verdict, and said court of common pleas erred in overruling, and in not sustaining, the motion of the defendant, the Jewett Car Company, to render judgment in its favor on said special findings of the jury, notwithstanding the general verdict. Ordered that the judgment of the said circuit court and of the said common pleas in said cause be, and they are hereby, reversed, and this court, proceeding to render the judgment said court of common pleas should have rendered, it is ordered that the motion of the defendant, the Jewett Car Company, for judgment in its favor on the special findings of the jury, notwithstanding the general verdict, for the reason that the special findings are inconsistent with the general verdict, be sustained, and that the said defendant, the Jewett Car Company, go hence without day and recover of said plaintiff, B. R. Nott, administrator of the estate of Henry W. Kindig, deceased, its costs in said court of common pleas, and judgment is rendered against said plaintiff for his costs in said court of common pleas. Ordered that said plaintiff in error, the Jewett Car Company, recover its costs from the said defendant in error in this court and in the said circuit court, and that said defendant in error pay his own costs in this court and in the said circuit court.

SHAUCK, C. J., and CREW, SUMMERS, and DAVIS, JJ., concur.

JONES et al. v. PROCTER et al. (No. 9,216.) (Supreme Court of Ohio. April 10, 1906.) Error to Circuit Court, Hamilton County. John C. Healy, for plaintiffs in error. Kittridge & Wilby and Worthington & Strong, for defendants in error.

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

KAPPLER v. CITY OF MARTIN'S FERRY. (No. 9,181.) (Supreme Court of Ohio. Oct. 3, 1905.) Error to Circuit Court, Belmont County. George Duncan, for plaintiff in error. W. T. Dixon, Jr., for defendant in er

ror.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, CREW, and SPEAR, JJ., concur.

KARNS et al. v. KARNS et al. (No. 9,067.) (Supreme Court of Ohio. March 20, 1906.) Error to Circuit Court, Mercer County. Mauk & Jackson, for plaintiffs in error. John W. Loree, for defendants in error.

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

KATZ et al. v. SELDNER et al. (No. 9,535.) (Supreme Court of Ohio. March 27, 1906.) Error to Circuit Court, Columbiana County. Potts & Wells, for plaintiffs in error.

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KROMES v. LA BELLE IRON WORKS. (No. 9,105.) (Supreme Court of Ohio. Oct. 3, 1905.) Error to Circuit Court, Jefferson County. P. P. Lewis and T. A. L. Thompson, for plaintiff in error. A. C. Lewis and Dio Rogers, for defendant in error.

PER CURIAM. Judgment affirmed. DAVIS, C. J., and SHAUCK, PRICE, and CREW, JJ., concur.

LA BELLE LAND CO. v. GLOVER et al. (No. 9,182.) (Supreme Court of Ohio, Oct. 3, 1905.) Error to Circuit Court, Jefferson County. J. C. Bigger and Ira Blackburn, for plaintiff in error. Rees G. Richards, for defendants in error.

PER CURIAM. Judgment affirmed.

DAVIS, C. J., and SHAUCK, PRICE, CREW, SUMMERS, and SPEAR, JJ., concur.

LAKE ERIE, A. & W. R. CO. v. BUTLER. (No. 8,940.) (Supreme Court of Ohio. Dec. 12, 1905.) Error to Circuit Court, Stark County. Garfield, Howe & Westenhaver, for plaintiff in error. A. A. Thayer, for defendant in error.

PER CURIAM. Judgment reversed, and judgment of the court of common pleas affirmed. DAVIS, C. C. J., and SHAUCK, PRICE, CREW, and SUMMERS, JJ., concur.

LAKE SHORE & M. S. RY. CO. v. BIDDLE. (No. 9,414.) (Supreme Court of Ohio. Jan. 23, 1906.) Error to Circuit Court, Fulton County. Potter & Potter, for plaintiff in error. U. G. Hahn and C. C. Handy, for defendant in error.

PER CURIAM. Judgment affirmed.

PRICE, CREW, and SUMMERS, JJ., con

cur.

LAKE SHORE & M. S. RY. CO. v. BURTSCHER. (No. 9,804.) (Supreme Court of Ohio. June 29, 1906.) Error to Circuit Court, Lucas County. Potter & Potter, George C. Greene, F. J. Jerome, and N. D. Doughman, for plaintiff in error. Charles A. Thatcher, for defendant in error.

PER CURIAM. Judgment reversed; ground 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; and this court, proceeding to render the judgment which the circuit court should have rendered, reverses the judgment of the court of common pleas on the ground that, on the issue submitted to the jury by the trial court as to whether the towerman of the plaintiff in error at the time of the injury was the superior of the engineer, defendant in error, an analysis of all the evidence introduced by both parties to the action, and found in the printed record, shows that the said towerman, at the time of the injury complained of, was the fellow servant of said engineer, defendant in error, and that in doing the alleged act complained of as negligence said towerman was acting in the capacity of such fellow servant. This finding is independent of Exhibit 4, in dispute, as to its being a part of the bill of exceptions, as there is nothing in said exhibit, if considered, which tends to affect the above finding. It is further ordered and adjudged that this cause be, and the same is, remanded to the court of common pleas for new trial on the issues joined between the parties by their pleadings, and for further proceedings according to law.

PRICE, SUMMERS, and DAVIS, JJ., con

cur.

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MacBRIDE v. MacBRIDE. (No. 9,333.) (Supreme Court of Ohio. April 24, 1906.) Error to Circuit Court, Scioto County. W. R. Sprague and F. S. Monnett, for plaintiff in error. Bannon & Bannon and J. W. Bannon, for defendant in error.

PER CURIAM. Judgment affirmed.

SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

MacBRIDE v. MacBRIDE. (No. 9,348.) (Supreme Court of Ohio. April 24, 1906.) Error to Circuit Court, Scioto County. W. R. Sprague and F. S. Monnett, for plaintiff in error. Bannon & Bannon and J. W. Bannon, for defendant in error.

PER CURIAM. Judgment affirmed.

SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

(No. 9,040.)

MCCABE v. JABERG et al. (Supreme Court of Ohio. March 13, 1906.) Error to Circuit Court, Hamilton County. Thomas Bentham, W. W. Symmes, Harrison & Aston, W. J. Overbeck, and Raymond Ratliff, for plaintiff in error. Gordon & Granger, Kelley Hauck, and Kramer & Kramer, for defendants in error.

PER CURIAM. Judgment affirmed; the questions argued not being presented by the printed record.

SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

MCDANIEL et al. v. HAYS. (No. 9,579.) (Supreme Court of Ohio. June 19, 1906.) Er ror to Circuit Court, Pike County. H. H. Sanderson and Post & Reid, for plaintiffs in error. Dougherty & Moore and Eyler & Douglass, for defendant in error.

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and PRICE and CREW, JJ., concur.

McILYAR v. COOK et al. (No. 8,880.) (Supreme Court of Ohio. Nov. 14, 1905.) Error to Circuit Court, Guernsey County. J. B. Ferguson, for plaintiff in error. C. S. Turnbaugh, for defendants in error.

PER CURIAM. Judgment affirmed. SHAUCK, SUMMERS, and SPEAR, JJ.,

concur.

MAHONEY v. SCOTTISH UNION & NATIONAL INS. CO. (No. 9,531.) (Supreme Court of Ohio. May 15, 1906.) Error to Superior Court of Cincinnati. A. J. Cunningham and J. J. Acomb, for plaintiff in error. J. H. Cabell and J. L. Kohl, for defendant in error. PER CURIAM. Judgment affirmed. PRICE, SUMMERS, and DAVIS, JJ., con

cur.

MANHATTAN RESTAURANT CO. v. H. S. POGUE CO. (No. 9,031.) (Supreme Court of Ohio. March 13, 1906.) Error to Circuit Court, Hamilton County. C. E. Schell, for plaintiff in error. Otis H. Fisk, for defendant in error.

PER CURIAM. Judgment affirmed. SHAUCK, C. J., and CREW and SPEAR, JJ., concur.

MASKE v. AULD & CONGER CO. (No. 9.226.) (Supreme Court of Ohio. April 17, 1906.) Error to Circuit Court, Cuyahoga Coun

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