to an employe by the owner for operation in the owner's busi-
ness, and the trespasser is injured by the wanton and wilful con-
duct of the employe while in the course and within the scope
of his employment and while aware of a perilous position of the
trespasser, the owner is responsible. Ib.
5. Violation of statute — Negligence per se and prima facie —
The violation of a statute passed for the protection of the pub-
lic is negligence per se. (Schell v. DuBois, Admr., 94 Ohio St.,
93, approved and followed.) Chesrown v. Bevier, 282.
6. Wanton negligence construed - To constitute wanton negli-
gence it is not necessary that there should be ill-will toward
the person injured, but an entire absence of care for the safety
of others, which exhibits indifference to consequences, estab-
lishes legal wantonness. Such a mental attitude distinguishes
wrongs caused by wanton negligence from torts arising from
mere negligence. Higbee Co. v. Jackson, 75.
7. Wanton and wilful negligence — Violation of statute or ordin-
ance Questions for jury-Negligence and proximate cause
-The simple violation of a statute or ordinance does not of
itself constitute wilful and wanton negligence. The question
whether there was such negligence, and if so whether it was the
proximate cause of injury in a particular case, is one of fact to
be determined by the jury in the light of all of the facts and
circumstances shown by the evidence under proper instructions.
Automobiles and vehicles-Duty to display lights after sundown-
Sections 12614 and 12614-3, General Code- Statutory construc-
tion. See Chesrown v. Bevier, 282.
Contaminated well - Workmen's compensation - Independent lia-
bility of contributing employer. See Victor Rubber Co. v. Rob-
bins, 536.
Contributory negligence - Technical errors in charge to jury. See
Fairchild v. L. S. Elec. Ry. Co., 267.
Dams Construction or maintenance-Degree of care required
– Res ipsa loquitur. See Ice Co. v. Mattern, 62.
Evidence Municipal ordinance-Regulating pedestrians crossing
streets Charge to jury. See Whitaker v. Luebbering, 292.
Exercise of care. - Public highways-Use by public and grantee
of franchise - Reciprocal rights, duties and obligations. See
Fairchild v. L. S. Elec. Ry. Co., 261.
Streets and alleys — Liability limited to
Municipal corporations
usual and ordinary uses - Runaway team leaves safe portion of
street-Occupant of vehicle injured - Proximate cause.
Drake v. East Cleveland, 111.
Accommodation endorsement-Notice to transferee — Partner-
ship 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 — A past due note, executed by The Anchor Oil &
Gas Company, by Harding, Sec'y, and endorsed in the name of
the payee, The First National Bank, by Harding, Cashier, was
discounted by The Rudolph Savings Bank Company in response
to a letter signed by Harding, individually, in which letter
Harding stated that he was a member of the Anchor Company, a
partnership, the maker of the note, and that to carry the note in
the bank of which he was cashier would be to "overloan some
[of] the interested parties." The note was never entered or
carried upon the books of the First National Bank as the property
of that bank, and the proceeds of the discount of the note by the
Rudolph Bank were paid to the maker, the Anchor Company:
Held, That the First National Bank is not liable on its endorse-
ment at the suit of the Rudolph Bank, the latter being charged
with notice that the endorsement of the note in the name of the
First National Bank was for the accommodation of the maker,
and unauthorized. Bank Co. v. Oil & Gas Co., 217.
Weight of evidence-Section 11577, General Code - Second new
trial prohibited — A trial court having granted one new trial upon
the weight of the evidence is prohibited by Section 11577, Gen-
eral Code, from granting a second new trial upon the same
ground. Cleveland Ry. Co. v. Trendel, 816.
Contest-Remedies - Statutory provisions exclusive, when-
Mandamus to compel election board to rescind action - Writ
will not lie, when. See State, ex rel., v. McDonough, 363.
Nominations Notice and Knowledge.
Form and contents of candidate's petition Signers to name com-
mittee, etc.— Section 5000, General Code - Mandatory provi-
sions. See State, ex rel., v. Curtis, 383.
Insufficient or imperfect papers - Independent candidate for pros-
ecuting attorney - Supplemental papers. See State, ex rel., v.
Curtis, 533.
Protest against candidate - Jurisdiction of boards of elections or
courts Section 4974, General Code (106 O. L., 549) — Recount
of ballots Section 5090-1, General Code (106 O. L., 209)--Con-
test of election - Section 5148, General Code Mandamus to
compel recount. See State, ex rel., v. Russell, 365.
Protests against candidacy - Section 4974, General Code - Juris-
diction State and deputy state supervisors of elections — Dis-
cretionary and ministerial duties. See State, ex rel., v. Smith,
358.
Contempt - Commitment - Cross-examination of adverse party
by deposition Sections 11497 and 11526, General Code - Habeas
corpus. See Koppel v. Bader, 511; Ex parte Berger, 512.
Accommodation endorsement - Notice to transferee - Partner-
ship 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 dis-
counting bank, when. See Bank Co. v. Oil & Gas Co., 217.
Civil service Certificate of eligibility distinguished. See State,
ex rel., v. Commissioners, 336.
Depositions Notice of intention to take Section 11534, General
Code-Sufficiency of designation of place. See Whitaker v.
Luebbering, 292.
Records Liens - Mortgage for future advances
subsequent mortgage. See Kuhn v. Loan & Trust Co., 34.
NOTICE AND KNOWLEDGE-
Fire insurance - Knowledge of agent imputed to company, when
- Insured's title only leasehold - Fee simple policy issued. See
Foster v. Ins. Co., 180.
Nuisances Office and Officer.
Injunction and damages - Jurisdiction to order abatement - Rail-
road embankment obstructs surface water. See Erie Rd. Co. v.
Garman, 516.
Temporary and permanent - Streets and sidewalks - Classifica-
tion in municipal ordinance valid, when. See City of Xenia v.
Schmidt, 437.
Powers of legislature - Excise tax. See Saviers v. Smith, Secy.
of State, 132.
1. Title by certificate of election — A valid certificate of election,
issued to a candidate after canvass of the returns by legally con-
stituted authorities, gives such candidate a colorable and prima
facie title to the office. State, ex rel., v. Babst, 275.
2. Possession during contest proceedings-Title by certificate of
election - Where proceedings to contest such office have been
instituted, such certificate entitles the candidate receiving it to
the possession of the office until the de jure title thereto has
been finally determined in such contest proceedings. Ib.
Attorney general - Executive officer of state - Duties - Judicial
functions not exercised, when - Special grand juries. -Section
13560, General Code (108 O. L., pt. 1, 158). See State, ex rel.,
v. Price, 50.
Civil service - Classified and unclassified service - Section 486-8,
General Code Cashier in state automobile department - Com-
petitive examination - Facts warranting exemption - Section
10, Article 15, Constitution, 1912. See State, ex rel. Bryson, v.
Smith, 203.
Civil service - Jurisdiction of state commission - Superintendent
and matron of county home - State civil service Rule 6, Section
3 (1919) Husband successful but wife fails in examination
Appeal by removed employe - Refusal of commission to enter-
tain proceeding - Section 2522, General Code (108 O. L., pt. 1,
267), inapplicable, when. See State, ex rel., v. Commissioners,
336.
County treasurer
Vacancy Failure to give bond - Section
2634, General Code-Treasurer-elect dies before term com-
Office and Officer Oral Contracts.
OFFICE AND OFFICER - Continued.
mences - Appointment by county commissioners valid. See
State, ex rel., v. Baldwin, 65.
Elections - Contest of nomination - Remedies - Statutory provi-
sions exclusive, when Mandamus to compel election board to
rescind action - Writ will not lie, when. See State, ex rel., v.
McDonough, 363.
Elections Contest-Primary nominations-Protest against can-
didate - Recount of ballots. See State, ex rel., v. Russell, 365.
Elections Nomination of candidates - Form and contents of pe-
tition Signers to name committee, etc.— Section 5000, General
Code Mandatory provisions. See State, ex rel., v. Curtis, 383.
Elections - Primaries - Protest against candidacy - Section 4974,
General Code-Jurisdiction State and deputy state super-
visors of elections — Discretionary and ministerial duties. See
State, ex rel., v. Smith, 358.
Prosecuting attorney - Judicial functions not exercised, when-
Special grand juries Section 13560, General Code (108 O. L.,
pt. 1, 158). See State, ex rel., v. Price, 50.
Salaries - Public utilities commission - Section 2250-2, General
Code (108 O. L., pt. 2, 1154) — Change during existing term
Section 20, Article 2, Constitution. See Donahey v. State, ex rel.,
473.
Salaries of judges Courts of appeals - Section 2251, General
Code (108 O. L., pt. 2, 1301) - Change during existing term.
See State, ex rel., v. Donahey, 490.
Schools Newly-created district - Appointment by county board
— Injunction against creation of district - Election of members
before injunction dissolved-Title and tenure of appointed mem-
bers Section 4736, General Code. See Meckley v. Kunzie, 494.
Leases - Breach of implied covenants - Damages - Failure to
drill offset wells - Burden of proof - Existence of gas - Pre-
ponderance of evidence — Charge to jury. See Fuel Supply Co.
v. Shilling, 106.
Electric power rates - Contract superseded by schedule, when-
Public utilities commission -Jurisdiction. See Coss v. Public
Utilities Commission, 528.
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