lumbus, for plaintiff in error. Webber, McCoy | Lindsay, of New Philadelphia, and W. S. Mer& Jones, of Columbus, for defendant in error. rell, of Coshocton, for plaintiff in error. Thos. PER CURIAM. Judgment affirmed. E. Duncan, B. F. Voorhees, and F. E. PomNICHOLS, C. J., and JOHNSON, WANA-erene, all of Coshocton, for defendant in erMAKER, NEWMAN, JONES, and MAT- ror. THIAS, JJ., concur. DUBUQUE FIRE & MARINE INS. CO. v. CENTRAL TRUST & SAFE DEPOSIT CO. (No. 14400.) (Supreme Court of Ohio. March 30, 1915.) Error to Court of Appeals, Hamilton County. J. L. Kohl, of Cincinnati, for plaintiff in error. De Camp & Sutphin, of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed, on authority of Farmers' National Bank v. Delaware Ins. Co., 83 Ohio St. 309, 94 N. E. 834. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. EBERHARDT v. BOARD OF COM'RS OF HAMILTON COUNTY. (No. 14429.) (Supreme Court of Ohio. March 23, 1915.) Error to Court of Appeals, Hamilton County. Joseph W. O'Hara, Gideon C. Wilson, and Joseph Wilby, all of Cincinnati, for plaintiff in error. Thomas L. Pogue, Pros. Atty., John V. Campbell, Carl M. Jacobs, Jr., and Chas. A. Groom, Asst. Pros. Attys., and Ireton & Schoenle, all of Cincinnati, for defendant in error. PER CURIAM. Judgment affirmed. DONAHUE, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, NEWMAN, JONES, and MATTHIAS, JJ., concur. WANAMAKER, J., not participating. FISCH v. BAEHR et al. (No. 14594.) (Supreme Court of Ohio. April 27, 1915.) Error to Court of Appeals, Franklin County. T. J. Keating, John J. Chester, and J. C. Erwin, all Geo. D. of Columbus, for plaintiff in error. Jones and Emmett Tompkins, both of Columbus, for defendants in error. PER CURIAM. Judgment affirmed. DONAHUE, WANAMAKER, JONES, and MATTHIAS, JJ., concur. NICHOLS, C. J., and NEWMAN, J., dissent. FRECH v. DeFOREST SHEET & TINPLATE CO. et al. (No. 14438.) (Supreme Court of Ohio. May 11, 1915.) Error to Court of Appeals, Trumbull County. Charles Fillius and Geo. T. Fillius, both of Warren, for plaintiff in error. G. P. Gillmer, of Warren, and Arrel. Wilson, Harrington & De Ford, of Youngstown, for defendants in error. PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. GARFIELD SAVINGS BANK CO. V. GLOBE OIL CO. (No. 14349.) (Supreme Court of Ohio. March 16, 1915.) Error to Court of Appeals, Cuyahoga County. Ford, Snyder & Tilden, of Cleveland, for plaintiff in error. Tolles, Hogsett, Ginn & Morley and E. J. Blandin, all of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, JONES, and MATTHIAS, JJ., concur. GERLACH V. ECKHART et al. (No. 14490.) (Supreme Court of Ohio. March 30, 1915.) Error to Court of Appeals, Scioto County. Milner, Miller & Searl, of Portsmouth, for plaintiff in error. Harry Ball, of Portsmouth, and Julius L. Anderson, of Ironton, for defendants in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, and MATTHIAS, JJ., concur. NEWMAN and JONES, JJ., not participating. GIFFIN et al. v. SNYDER et al. (No. 14535.) (Supreme Court of Ohio. April 6, 1915.) Error to Court of Appeals, Knox County. H. H. & R. M. Greer, of Mt. Vernon, and F. E. Pomerene, of Coshocton, for plaintiffs in error. Harry W. Koons, of Mt. Vernon, for | ert A. Le Blond and Joseph W. O'Hara, both defendants in error. of Cincinnati, for defendant in error. PER PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, NEWMAN, JONES, and MATTHIAS, JJ., concur. HOFFMAN et al. v. STALEY et al. (No. 14456.) (Supreme Court of Ohio. May 4, 1915.) Error to Court of Appeals, Hamilton County. Galvin & Bauer, Spangenberg & Spangenberg, and Joseph W. O'Hara, all of Cincinnati, for plaintiffs in error. Sayler & Sayler. Peck, Shaffer & Peck, and Dolle, Taylor & O'Donnell, all of Cincinnati, for defendants in error. PER CURIAM. Motion to dismiss sustained; the constitutional question claimed to be involved in the case not having been submitted to or decided by the Court of Appeals. Ansbro v. United States, 159 U. S. 695, 16 Sup. Ct. 187, 40 L. Ed. 310: Cornell v. Green, 163 U. S. 75, 16 Sup. Ct. 969, 41 L. Ed. 76, and Arkansas v. Schlierholz, 179 U. S. 599, 21 Sup. Ct. 229, 45 L. Ed. 335, approved and followed. Bennett v. Mo. Pac. Ry. Co., 105 Mo. 642, 645, 16 S. W. 947, and Hardin v. City of Carthage, 171 Mo. 442, 71 S. W. 673, approved. HUMBOLDT FIRE INS. CO. v. R. K. LE BLOND MACH. TOOL CO. (No. 14731.) (Supreme Court of Ohio. June 4, 1915.) Error to Court of Appeals, Hamilton County. J. L. Kohl, of Cincinnati, for plaintiff in error. Rob CURIAM. Judgment affirmed, and cause remanded to common pleas. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. J. F. CHERRY CO. v. YARGER et al. (No. 14690.) (Supreme Court of Ohio. June 4. 1915.) Error to Court of Appeals, Licking County. Flory & Flory, of Newark, for plaintiff in error. A. A. Stasel, of Newark, for defendants in error. PER CURIAM. Judgment modified, and affirmed as modified. See journal entry. It is ordered and adjudged by this court that the judgment of the said Court of Appeals be, and the same hereby is, modified by striking therefrom that part of the judgment perpetually enjoining the plaintiff in error from using or in any way passing upon the said 10-foot right of way west of defendant's building, and ordering and adjudging that the plaintiff pay the cost of the action. Coming now to render the judgment that the Court of Appeals should have rendered from the facts found, it is ordered and adjudged that the defendants in error, Bertha Yarger and Gertrude Yarger, be and they are hereby perpetually enjoined from obstructing, by building or otherwise, the plaintiff in error's ingress and egress to the doorway of the second story of the building owned by him, and are perpetually enjoined from constructing and maintaining any building on the girders between their building and the building of the plaintiff in error that will in any way obstruct or project nearer to said door than the girders on either side thereof, and from constructing and maintaining any building across or upon said girders in front of said door, nearer to the door than a distance equal to the space between the two girders on either side of said door. It is further ordered and adjudged that the plaintiff in error recover from the defendants in error his costs expended in this court, and that each of said parties to this suit pay their own costs expended in the common pleas court and the Court of Appeals of Licking county. MCNAMARA v. CLEVELAND, C., C. & ST. L. RY. CO. (No. 14635.) (Supreme Court of Ohio. May 11, 1915.) Error to Court of Appeals, Franklin County. Pugh & Pugh, of Columbus, for plaintiff in error. Wilson & Rector, of Columbus, for defendant in error. PER CURIAM. Judgment reversed. See journal entry. It is ordered and adjudged by this court that the judgment of the said Court of Appeals, affirming the judgment of the common pleas court, and the judgment of the court of common pleas of Franklin county, be and the same are both reversed, for error of the common pleas court in instructing the jury that as a matter of law Michael Barry and J. S. Power were fellow servants, and that the plaintiff could not recover on the ground of the negligence of Power; that question being a mixed question MAHONING VALLEY RY. CO. v. FITZPATRICK. (No. 14639.) (Supreme Court of Ohio. May 4, 1915.) Error to Court of Appeals, Mahoning County. Arrel, Wilson, Harrington & De Ford, of Youngstown, for plaintiff in error. E. H. Moore, James Kennedy, and S. S. Conroy, all of Youngstown, and S. M. Strain, of Columbus, for defendant in error. PER CURIAM. Judgment affirmed. See journal entry. It is ordered and adjudged by this court that the judgment of the said Court of Appeals be, and the same is hereby, affirmed. The Court of Appeals correctly found that the trial court erred in giving in charge to the jury before argument written requests Nos. 1, 2, 6, 9, and 12. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. MANSFIELD R., LIGHT & POWER CO. v. CAIN et al. (No. 14677.) (Supreme Court of Ohio. May 18, 1915.) Error to Court of Appeals, Richland County. McBride & Wolfe, of Mansfield, for plaintiff in error. Rush Taggart, of New York City, W. S. Kerr, of Mansfield, Tolles, Hogsett, Ginn & Morley, of Cleveland, and McBride & Wolfe, of Mansfield, for defendants in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, and MATTHIAS, JJ., concur. JONES, J., not participating. MILLER v. GERMANIC DRY GOODS CO. (No. 14494.) (Supreme Court of Ohio. April 6, 1915.) Error to Court of Appeals, Hamilton County. Charles W. Baker, of Cincinnati, for plaintiff in error. Kramer & Bettman and Healy, Ferris & McAvoy, all of Cincinnati, for defendant in error. (No. 14460.) (Supreme Court of Ohio. OHIO TRACTION CO. v. POLAND et al. 18, 1915.) May lin County. George H. Warrington and Ellis Error to Court of Appeals, FrankG. Kinkead, both of Cincinnati, and Geo. B. Okey, of Columbus, for plaintiff in error. Timothy S. Hogan, Atty. Gen., and Clarence D. Laylin, Asst. Atty Gen., for defendants in error. nal entry: It is ordered and adjudged by this PER CURIAM. Judgment reversed. Jourcourt that the judgment of the said Court of Appeals be, and the same hereby is, reversed, and this cause is remanded to the said Court of Appeals, with instructions to overrule the demurrer filed by the defendants in that court. NICHOLS, C. J., and JOHNSON, DONAHUE, and WANAMAKER, JJ., concur. JONES and MATTHIAS, JJ., dissent. (No. OHIO TRACTION CO. v. STATE. 14461.) (Supreme Court of Ohio. May 18, County. George H. Warrington and Ellis G. 1915.) Error to Court of Appeals, Franklin Kinkead, both of Cincinnati, and Geo. B. Okey, of Columbus, for plaintiff in error. Timothy S. Hogan, Atty. Gen., and Clarence D. Laylin, Asst. Atty. Gen., for the State. firmed as modified. PER CURIAM. Judgment modified and afJournal entry: It is ordered and adjudged by this court that the judgment of the said Court of Appeals be, and the same hereby is, modified; and, coming now to render the judgment that the Court of Appeals should have rendered, it is hereby ordered and adjudged that the cause be remanded to the court of common pleas, with instructions to modify its judgment by deducting from the amount thereof the excise tax on dividends on securities owned by the defendant and on income derived from subsidiary companies, and it is further ordered and adjudged that the judgfied, be, and the same is hereby, affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, and NEWMAN, JJ., concur. WANAMAKER, JONES, and MATTHIAS, JJ., dissent and for affirmance. PER CURIAM. Judgment affirmed. PENNINGTON v. FOURTH NAT. BANK Court of Ohio. OF CINCINNATI. (No. 14474.) (Supreme March 30, 1915.) Error to Court of Appeals, Hamilton County. Mallon & Vordenberg, of Cincinnati, for plaintiff in error. in error. W. S. Little, of Cincinnati, for defendant POLICEMEN'S BENEV. ASS'N OF CINCINNATI et al. v. JOHNSON. (No. 14420.) (Supreme Court of Ohio. March 16, 1915.) Error to Court of Appeals, Hamilton County. Geo. H. Kattenhorn and Jos. W. Conroy, both of Cincinnati, for plaintiffs in error. Johnson & Levy, of Cincinnati, for defendant in error. PER CURIAM. Judgment of Court of Appeals reversed, and that of common pleas affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. PORTSMOUTH ST. R. & LIGHT CO. v. NORFOLK & W. R. CO. (No. 14290.) (Supreme Court of Ohio. May 25, 1915.) Error to Court of Appeals, Scioto County. Milner, Miller & Searl, of Portsmouth, for plaintiff in error. Bannon & Bannon, of Portsmouth, for defendant in error. PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, and MATTHÍAS, JJ., concur. NEWMAN and JONES, JJ., not participating. PRICE v. OHIO ELECTRIC R. CO. (No. 14410.) (Supreme Court of Ohio. March 16, 1915.) Error to Court of Appeals, Van Wert County. Thomas J. Trippy and Dailey & Hoke, all of Van Wert, for plaintiff in error. H. W. Blachly, of Van Wert, and Cable & Cable, of Lima, for defendant in error. PER CURIAM. Judgment of Court of Ap peals reversed, and that of common pleas affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, and WANAMAKER, JJ., concur. NEWMAN and JONES, JJ., dissent. MATTHIAS, J., not participating. REILLY v. CINCINNATI TRACTION CO. (No. 14654.) (Supreme Court of Ohio. May 11, 1915.) Error to Court of Appeals, Hamil SPEAR & CO. v. FULTON. (No. 14554.) (Supreme Court of Ohio. April 27, 1915.) Error to Court of Appeals, Hamilton County. Philip & S. C. Roettinger and Johnson & Levy, all of Cincinnati, for plaintiff in error. Louis for defendant in error. P. Pink and H. C. Bolsinger, both of Cincinnati, PER CURIAM. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, and MATTHÍAS, JJ., concur. SPITZER et al, v. IRVINE. (No. 14445.) (Supreme Court of Ohio. March 30, 1915.) Error to Court of Appeals, Knox County. Owen & Carr, of Mt. Vernon, for plaintiffs in error. J. B. Graham and W. A. Hosack, both of Mt. Vernon, for defendant in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, WANAMAKER, NEWMAN, JONES, and MATTHIAS, JJ., concur. STARK ELECTRIC R. CO. v. BIERY. (No. 14585.) (Supreme Court of Ohio. April 20, 1915.) Error to Court of Appeals, Stark tiff in error. Robert H. Dawson and Luther County. Hart & Koehler, of Alliance, for plainDay, both of Cleveland, for defendant in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, NEWMAN, JONES, and MATTHIAS, JJ., concur. STATE ex rel. HILE v. BAKER et al. (No. 14791.) (Supreme Court of Ohio. July 2, 1915.) George D. Hile, of Cleveland, and Booth, Keating, Peters & Pomerene, of Columbus, for relator. John N. Stockwell, Director of Law, and Joseph C. Hostetler, J. P. Mooney, Arthur F. Young, and John F. Wilson, Asst. City Sols., all of Cleveland, for respondents. PER CURIAM. Demurrer to petition sustained, on authority of State ex rel. Lentz et al. MEMORANDUM DECISIONS v. Edwards et al., 90 Ohio St. 305, 107 N. E. NICHOLS, C. J., and JOHNSON, WANA- SUNDAY CREEK CO. COAL CO. (No. 14786.) (Supreme Court of V. NEW YORK Ohio. June 17, 1915.) peals, Franklin County. W. O. Henderson and Error to Court of ApDaugherty, Todd & Rarey, all of Columbus, for plaintiff in error. and O. E. Harrison, all of Columbus, for defendL. G. Addison, T. J. Keating, ant in error. WALCUTT v. HULING et al. (No. 14299.) Addison, of Columbus, for plaintiff in error. J. to Court of Appeals, Franklin County. C. M. (Supreme Court of Ohio. April 6, 1915.) Error R. Bolin, and Geo. D. Jones, all of Columbus, E. Todd, C. P. Outhwaite, Jos. H. Dyer, Stuart for defendants in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, NEWMAN, and MATTHIAS, JJ., PER CURIAM. Judgment affirmed, and cur. cause remanded. NICHOLS, C. J., and JOHNSON, DONAHUE, WANAMAKER, JONES, and MATTHIAS, JJ., concur. con CINNATI. (No. 14451.) (Supreme Court of WARREN BROS. CO. v. CITY OF CINOhio. March 23, 1915.) Error to Court of Appeals, Hamilton County. Louis B. Sawyer and Wm. A. Roudebush, both of Cincinnati, for Constant Southworth, Asst. City Sols., all of plaintiff in error. Alfred Bettman and Walter Cincinnati, for defendant in error. TOLEDO & O. CENT. RY. CO. v. BIETT-M. Schoenle, City Sols., Coleman Avery and NER. (No. 14545.) (Supreme Court of Ohio. April 20, 1915.) Error to Court of Appeals, Crawford County. Frank S. Lewis, of Toledo, and Finley & Gallinger, of Bucyrus, for plaintiff in error. Leuthold & McCarron, of Bucyrus, for defendant in error. PER CURIAM. Judgment affirmed. NICHOLS, C. J., and JOHNSON, DONAHUE, NEWMAN, JONES, and MATTHIAS, JJ., concur. UNION CENT. LIFE INS. CO. v. BELL. (No. 13516.) (Supreme Court of Ohio. April 27, 1915.) Error to Circuit Court, Cuyahoga County. Lawrence Maxwell, of Cincinnati, Robert Ramsey, of New York City, and James R. Garfield, of Cleveland, for plaintiff in error. Alexander H. Martin, William Howell, and Welles K. Stanley, all of Cleveland, for defendant in error. PER CURIAM. (87 Ohio St. 475. 102 N. E. 1134) affirmed. See On rehearing. Judgment journal entry. The judges of the court are equally divided in opinion as to the merits of this case (one of the judges not participating) and are unable for that reason to agree upon a judgment, and the entry of this fact constituting an affirmance of the judgment of the circuit court, it is ordered that defendant in error recover from plaintiff in error his costs herein expended. WANAMAKER, JONES, and MATTHIAS, JJ., concur. NICHOLS, C. J., not participating. UNITED STATES EXPRESS CO. v. WILSON. (No. 14437.) (Supreme Court of Ohio. March 23; 1915.) Error to Court of Appeals, Knox County. McBride & Wolfe, of Mansfield, peals reversed, and that of common pleas at- HUE, and JONES, JJ., concur. Court of Ohio. March 23, 1915.) Error to END OF CASES IN VOL. 112 concur. |