Amendments - Appeal and Error.
-Increasing interest rate of road bonds. See State, ex rel.,
Zangerle, Auditor, 235.
Statutes-Repeal by implication or supplemental enactment -
Automobiles and vehicles-Duty to display lights after sun-
down Sections 12614 and 12614-3, General Code. See Ches-
rown v. Bevier, 282.
Quo warranto-Contest of election — Mayor defeated for re-elec-
tion. See State, ex rel., v. Babst, 275.
Appeal Civil service-Jurisdiction of state commission - Ap-
peal by removed employe― Refusal by commission to entertain
proceeding - Mandamus. See State, ex rel., v. Commissioners,
336.
Appeal - Common pleas court-Directed verdict - Workmen's
compensation Award denied claimant. See Leonard v. In-
dustrial Comm., 524.
Appeal - Common pleas court-Workmen's compensation -
Limitation of time-Section 1465-90, General Code - Award
denied claimant — Application for rehearing filed after thirty
days. See Industrial Comm. v. Glenn, 454.
Appeal-Common pleas court-Workmen's compensation -
Award denied claimant Section 1465-90, General Code (103
O. L., 88) - Verdict for compensation and award paid-Sub-
sequent application for compensation - Denied by industrial
commission-Appeal does not lie, when-Jurisdiction of in-
dustrial commission - Section 1465-86, General Code. See
Indus. Comm. v. Davidson, 71.
Appeal Court of appeals - Bond not filed within time.
Bruck v. Building Assn. Co., 514.
Appeal Court of appeals Court procedure-Error to limit
evidence to transcript, when. See T. & O. C. Ry. Co. v. Hart-
ford, 520.
Appeal Court of appeals - Injunction - Questions submitted to
court-Jurisdiction of subject-matter and to assess damages.
See Morton v. Morgan, Murray & Potts Co., 510.
Error-Court of appeals-Jurisdiction — Divorce proceedings.
See Zonars v. Zonars, 518.
trial But refuses same after retrial-Weight of evidence-
Errors assigned for review. See Cleveland Ry. Co. v. Trendel,
316.
Error Court of appeals-Right to take depositions - Taxing
expense as costs. See Fairchild v. L. S. Elec. Ry. Co., 261.
Error - Pending proceedings-Act validating and ratifying high-
way contracts - Effect upon adjudicated contracts and judg-
ments. See Cowen v. State, ex rel., 387.
- Public utilities commission Refusal to restore schedule
-Rejected after complaint and municipal rate-ordinance filed
- Appeal to commission from rate-ordinance-Failure to
prosecute error to supreme court-Section 544, General Code.
See State, ex rel., v. Pub. Util. Comm., 313.
Error-Supreme court-Cases of public or general interest —
Order to certify — Intervening error- Court of appeals —
Judgments final, when. See Cowen v. State, ex rel., 394.
Dismissals-Cause pending in court of
appeals. See Haas v. State, 519.
Error - Supreme court - Final order by court of appeals —
Contempt proceedings. See Commissioners v. Harshman, 529.
APPROPRIATION OF PROPERTY –
1. Municipal corporations-Proceedings in rem-An action
brought by a municipality to condemn private property under
the constitution and laws of Ohio is a proceeding in rem.
Martin v. Columbus, 1.
2. Pleadings and issues—No burden of proof— In such proceed-
ing, there are no formal pleadings or definite issues, which ad-
mit of affirmation upon one side and denial upon the other, and
hence the doctrine of "burden of proof" has no application. Ib.
3. Jury an appraising or assessing board — The jury acts merely
as an appraising or assessing board, determining the fair market
value of the property from all the evidence submitted. Ib.
ARBITRATION -
Building and construction contracts - Submission of disputes to
engineer or architect - Decision of arbiter final, when Fraud
and bad faith not proven, when - Error to submit disagreement
to jury, when. See Fred R. Jones Co. v. Fath, 47.
Argument to Jury Attorney and Client.
Court stenographers - Failure to report arguments
law. See Nesmith v. State, 158.
Enlargement or restriction of statutory powers - Articles of in-
corporation and by-laws or constitution Policemen's benev-
olent associations. See Wegener v. Wegener, 22.
1. Highways-Abutting property owners-Interurban railroad
- Right of way from county commissioners-An interurban
railway company operating its road upon a right of way over
and along a public highway by virtue of a grant from a board
of county commissioners is not subject to assessment for the
improvement of such highway as an owner of property abutting
thereon. Dayton Elec. Ry. Co. v. Scott, 13.
2. Highways-Abutting railroads - Perpetual lease by grantee
of commissioners ·Lessee not owner "in fee," etc.-Section
1209, General Code (102 O. L., 343) — Where a right of way
was by resolution granted to an interurban railway company by
a board of county commissioners upon and along the side of a
public highway, and said company constructed its road pursuant
to such grant and thereafter executed to another company a
perpetual lease thereof including "all its right, title, interest,
privileges and franchises," the latter company does not thereby
become the owner "in fee of a strip of land by the side of a
highway" within the contemplation of Section 1209, General
Code (102 O. L., 343). Ib.
Municipal corporations - Street improvements - Bond issues —
Renewal or replacement of street railway tracks, etc.-Sections
3812-2 and 3812-3, General Code (108 O. L., pt. 1, 215) — Lend-
ing public credit to private corporations - Constitutional law.
See Cincinnati v. Harth, 344.
Competency of witnesses - Privileged communica-
tions Exceptions Contest of will-Section 11494, General
Code. See Swetland v. Miles, 501.
Executive officer of state-Duties delegated by legislature — The
Constitution of Ohio, especially Section 1 of Article 3, makes
the attorney general one of the executive officers of the state
of Ohio. In the exercise of the police power of the state, the
general assembly of Ohio may delegate to him any such legal,
administrative or executive duties as it deems best and which
are not otherwise delegated by the constitution. State, ex rel.,
v. Price, 50.
Judicial functions not exercised, when-Special grand juries-
Section 13560, General Code (108 O. L., pt. 1, 158). Ib. ́
AUTOMOBILE DEPARTMENT -
Civil service - Classified and unclassified service-Section 486-8,
General Code-Cashier in department - Competitive examina-
tion - Facts warranting exemption. See State, ex rel. Bryson,
v. Smith, 203.
Criminal law - Manslaughter - Unintentional killing by auto-
mobile Unlawful act as proximate cause-Charge to jury.
See Jackson v. State, 152.
Insurance Mutual protective or stock companies - Kinds of
insurance authorized-Section 9607-2, General Code (107 0.
L., 647) Fire insurance authorized, when. See State, ex rel.,
v. Tomlinson, 508.
Licensing and regulating-Constitutional law- Excise tax de-
fined - Section 6290 et seq., General Code (108 O. L., pt. 2,
1078). See Saviers v. Smith, Secy. of State, 132.
Negligence-Duty to display lights after sundown Sections
12614 and 12614-3, General Code - Statutory construction. See
Chesrown v. Bevier, 282.
Negligence Respondeat superior - Employe violates instruc-
tions Infant or trespasser injured on auto-truck- Wanton
and wilful negligence — Scope of employment. See Higbee Co.
v. Jackson, 75.
Traffic ordinance - Constitutional law - Duty of vehicles to stop,
when-Street car discharging passengers. Sections 1 and 2,
Article 1, Constitution. See Nicholls v. Cleveland, 39.
Banks and Banking - Board of Commissioners.
Embezzlement - Section 710-172, General Code (108 O. L., pt. 1,
123) Evidence - Affirmative and negative testimony-
Weight and value-Charge to jury-Testimony of accomplice.
See State v. Davies, 487.
Negotiable instruments - Accommodation endorsement- Notice
to transferee - Partnership note endorsed by payee bank's
cashier And forwarded to correspondent bank for discount
Secretary of partnership and bank cashier same person-
Payee bank not liable to discounting bank, when. See Bank
Co. v. Oil & Gas Co., 217.
Classes authorized - Policemen's benevolent associations - Sec-
tion 3630, Revised Statutes Statute, articles of incorporation
and by-laws or constitution-Right to enlarge or restrict
classes Payment of benefits - Brother of decedent not mem-
ber of family, when. See Wegener v. Wegener, 22.
Failure to advertise - State highway laws Section 1206, Gen-
eral Code - Curative provisions apply, when - Defects in pro-
ceedings cured, when― Act of December 18, 1919 (108 O. L.,
pt. 2, 1122) — Validating and ratifying highway contracts - In-
operative upon contracts adjudicated invalid - Judgments and
error proceedings unaffected, when. See Cowen v. State, ex
rel., 387.
BOARD OF AGRICULTURE—
Constitutional law - Inspection of feed stuffs - Licensing of
dealers Sections 1141 to 1149-1, General Code (106 O. L.,
156-159). See Weisheimer v. Board of Agriculture, 523.
Damages for mob violence-Directed verdict - No evidence to
support petition. See Wiley, Admx., v. Board of Commission-
ers, 526.
Superintendent and matron of county home-Civil service-
Jurisdiction of state commission - State civil service Rule 4,
Section 3 (1919) - Husband successful but wife fails in ex-
amination Appeal by removed employe― Refusal of commis-
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