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Opinion Per Curiam.

THE STATE, EX REL. MINOR, v. CURTIS et al. Elections - Insufficient or imperfect nomination papers-Independent candidate for prosecuting attorney — Supplemental papers.

(No. 16816-Decided October 22, 1920.)

IN MANDAMUS.

Mr. Claude J. Minor and Mr. Smith W. Bennett, for relator.

Mr. John G. Price, attorney general, and Mr. B. W. Gearheart, for respondents.

The court find upon the issue joined for the relator, Claude J. Minor, and that he is entitled to a peremptory mandamus herein.

It is therefore ordered that a peremptory writ of mandamus issue against William J. Curtis, Lewis Engelbry, William J. O'Brien and Silas S. Pritchett, as deputy state supervisors of elections for Erie county, for the performance of the act heretofore alternatively ordered and that immediately upon the service of this writ, they do the act alternatively ordered; to-wit: that they cause to be printed upon the official ballots to be used by the electors of said Erie county, Ohio, as an independent candidate for prosecuting attorney of said county, the name of Claude J. Minor, and that none of the ballots, if any existing, on which the name of Claude J. Minor has not been printed as an independent candidate for prosecuting attorney

Opinion Per Curiam.

of said county, shall be distributed to the election officers in any of the precincts of said county.

Writ allowed.

JONES, MATTHIAS, JOHNSON and WANAMAKER, JJ., concur.

NICHOLS, C. J., and ROBINSON, J., not participating.

THE FRED R. JONES Co. v. FATH ET AL., PARTNERS. Supreme court-Rehearing-Former judgment adhered to. (No. 16224-Decided December 6, 1920.)

ERROR to the Court of Appeals of Cuyahoga county.

Mr. James G. Stewart and Messrs Mathews, Orgill & Maschke, for plaintiff in error.

Mr. Mark A. Copeland, for defendants in error.

The application of defendants in error for a rehearing herein having heretofore been allowed, June 24, 1920, this cause came on again to be heard upon the transcript of the record of the court of appeals of Cuyahoga county and was argued by counsel. On consideration whereof, it is ordered that the former judgment, entered herein on January 27, 1920 [ante, 47], and recorded in Journal

Opinion Per Curiam.

No. 28, page 372, be, and the same hereby is, adhered to.

Former judgment adhered to.

NICHOLS, C. J., MATTHIAS, JOHNSON, WANAMAKER, ROBINSON and AVERY, JJ., concur.

MILLER V. THE STATE OF OHIO.

Criminal law-Evidence of similar offense-Unlawful sale of morphine.

(No. 16590-Decided December 6, 1920.)

ERROR to the Court of Appeals of Hamilton county.

Messrs. Cohen, Mack & Hurtig, for plaintiff in

error.

Mr. John G. Price, attorney general, and Mr. Geo. T. Poor, for defendant in error.

It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, reversed on authority of State of Ohio v. Davis, 90 Ohio St., 100, proposition 3 of the syllabus, and Baxter v. State of Ohio, 91 Ohio St., 167, proposition 3 of the syllabus; and it not being necessary so to do, the court considers in this case, no other assignment of error.

And this court proceeding now to render the judgment that the court of appeals should have rendered, it is ordered and adjudged that the

Opinion Per Curiam.

judgments of the court of common pleas and the municipal court of Cincinnati be, and the same hereby are, reversed, and this cause is remanded to the said municipal court for further proceedings according to law.

Judgments reversed and cause remanded.

NICHOLS, C. J., JONES, MATTHIAS, JOHNSON, WANAMAKER, ROBINSON and AVERY, JJ., concur.

THE VICTOR RUBBER Co. v. ROBBINS, ADMX. Workmen's compensation-Independent liability of contributing employer-Death from contaminated well.

(No. 16431 Decided December 21, 1920.)

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ERROR to the Court of Appeals of Clark county.

Mr. J. E. Bowman and Mr. J. M. Cole, for plaintiff in error.

Messrs. Stafford & Arthur, for defendant in

error.

This court finds that the allegations of the petition concerning the construction, location and maintenance by the defendant of the well referred to, and described in the petition, and the further allegations with reference to the injury caused to the decedent thereby, constituted a liability and a cause of action against the plaintiff in error, which was not removed by the provisions of the Workmen's

Opinion Per Curiam.

Compensation Act. And the court of common pleas on the trial of the cause, having found upon the issues of fact joined in the pleadings in favor of the plaintiff, and having entered judgment thereon in his favor, which judgment was affirmed by the court of appeals, it is, therefore, ordered and adjudged that the judgment of the court of appeals be, and the same is hereby, affirmed.

Judgment affirmed.

NICHOLS, C. J., JONES, MATTHIAS, WANAMAKER

and ROBINSON, JJ., concur.

JOHNSON and HOUGH, JJ., not participating.

THE CITY OF LIMA V. THE PUBLIC UTILITIES COMMISSION OF OHIO.

Public utilities commission—Order not unjust and unreasonable — Steam heat rates.

(No. 16600 Decided December 21, 1920.)

ERROR to the Public Utilities Commission.

Mr. H. E. Garling, city solicitor; Messrs. Mackenzie & Weadock and Mr. Paul T. Landis, for plaintiff in error.

Mr. John G. Price, attorney general; Mr. E. E. Corn and Messrs. Cable & Cable, for defendant in error.

It is ordered and adjudged by this court, that the order of the said Public Utilities Commission

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