Master and Servant- Mechanic's Lien.
Contributory negligence - Employers' liability acts apply, when.
See Loucks v. N. Y., C. & St. L. Ry. Co., 320.
Negligence Automobiles - Liability of husband for wife's acts
- Principal and agent. See Powell v. Newman, 479.
Negligence Automobiles - Son operating father's car-Charge
to jury Consent to use machine Proximate cause.
Reese v. Waltz, 295.
Negligence Safety appliance statute-Section 1027, General
Code Contributory negligence as defense-Section 6245-1,
General Code Effect of workmen's compensation act - Failure
to plead or prove noncompliance. See Standard Steel Castings
Co. v. Painter, 268.
Construed "must," when
v. Erie Rd. Co., 221.
Statutory construction. See Wright
Mayor cannot maintain action, when-City solicitor to institute
suits, when. See In re King, 88.
Fraud Damages proximately arising from original fraudulent
act and subsequent concealment thereof. See Carroll v. Ken-
nison, Admr., 138.
Innkeepers and hotels Liability for loss of property-Limita-
tion of liability-Section 5983, General Code. See Hotel Cleve-
land Co. v. Wieners, 284.
Negligence Pleading - Amendment of petition during trial-
Specific allegations of medical services Evidence - Proof of
earning capacity. See Cincinnati Traction Co. v. Smith, 389.
Agency Salesman releases right to lien - Principal not estopped
to deny authority. See Scollan v. Lammers, 130.
Priorities Chattel mortgage, storage or work and labor— Au-
tomobiles. See Ohio Finance Co. v. Middleton, 43.
Ministerial Functions - Motor Vehicles.
MINISTERIAL FUNCTIONS-
Municipal corporations - Negligence - Liability-Governmental
or ministerial functions — Acts of policeman. See City of Cin-
cinnati v. Butterfield, 395.
Action for alimony and custody - Supplemental petition for in-
creased alimony and divorce- Alimony and custody jurisdic-
tion continuing. See Hiler v. Hiler, 174.
Criminal law - Failure to support — Section 12970, General Code
- Step-father and step-child-"Parent" construed. See State
v. Barger, 127.
Allowance for support of children — Ju-
risdiction to modify award — Form of pleading immaterial. See
Monahan v. Monahan, 116.
Habeas corpus - Collateral attack- Commitment to children's
home-Order in contempt unauthorized, when Refusal of
witness to answer. See Ex parte Crouse, 274.
Juvenile court - Failure of father to support child - Section 1655,
General Code - Defenses — Custody committed to mother in
divorce proceeding. See Rowland v. State, 238.
Limitation of actions-Life tenant appointed administrator —
Sells realty to himself - Action by minor for damages accrues,
when - Right of action survives, when Sections 11224 and
11235, General Code. See Carroll v. Kennison, Admr., 133.
New trial Proof of partiality-Affidavit of counsel insufficient,
when. See Dodd v. McCammon, 160.
MORTGAGES-
Chattel- Automobiles
Sale without mortgagee's consent
plevin― Repairs by purchaser - Caveat emptor. See Keller v.
Evans, 265.
Chattel- Liens - Priorities Storage or work and labor -
mobiles. See Ohio Finance Co. v. Middleton, 43.
Caveat emptor-Sale without mortgagee's consent.
Repairs by purchaser. See Keller v. Evans, 265,
Motor Vehicles - Municipal Corporations.
MOTOR VEHICLES- Continued.
Criminal law - Larceny - Jury to fix value, when Sections 13691
and 12448, General Code. See Doe v. State, 178, and Serra v
State, 252.
Liens Priorities - Chattel mortgage, storage or work and
labor. See Ohio Finance Co. v. Middleton, 43.
Negligence Liability of husband for wife's acts
agent - Master and servant.
Principal and
See Powell v. Newman, 479.
Negligence Son operating father's car - Issues raised by gen-
Charge to jury Consent to use machine - Prox-
See Reese v. Waltz, 295.
MUNICIPAL CORPORATIONS-
1. Constitutional law-Police power - Ordinance regulating loca-
tion of private garages-A section of a municipal ordinance
pertaining to the construction and regulation of garages, which
provides that "Except when the Commissioner of Buildings
otherwise approves, minor garages shall be located to the rear
of the established line of houses facing the street," is uncon-
stitutional where such ordinance is based on purely esthetic
grounds and the question of public morals, safety, health and
welfare is not involved. Meade v. City of Cincinnati, 412.
2. Mayor cannot maintain action, when — The mayor of a muni-
cipal corporation, as such, has no power to prosecute an action
on behalf of the corporation in the name of the corporation.
In re King, 88.
3. Mayor cannot maintain action, when - City solicitor to insti-
tute suits, when― Error proceedings- Where the only parties
interested in a suit are a chief of police and a municipal cor-
poration, a petition in error in such suit which states "Now
comes William F. Grall, Mayor of the City of Lorain, as plain-
tiff in error herein," etc., and is signed "Attorneys for Plain-
tiff in Error," will be dismissed on motion, the action not being
brought by the city solicitor and it not being alleged that he
refused to bring the suit upon request. Ib.
4. Negligence-Defective sidewalk - Knowledge of condition by
pedestrian-Contributory negligence — An action does not lie
against a municipality for injuries received by a pedestrian on
a defective sidewalk, where it appears from the testimony that
the plaintiff was fully aware of the condition of the walk and
attempted to pass over it regardless of the danger. Adams v.
City of Zanesville, 53.
MUNICIPAL CORPORATIONS- Continued.
5. Negligence-Defect in street-Question for jury-
action against a municipality for personal injuries alleged to
have been suffered by reason of defect in a street the question
whether the defect complained of was of such a nature as to
render the city liable is one for the jury under proper instruc-
tions by the court. City of Zanesville v. Goodrich, 228.
6. Negligence Contributory negligence-Failure to charge jury
not prejudicial, when - Defect in street - In the absence of an
allegation by the city of contributory negligence on the part of
the plaintiff, or a request to the trial judge to charge the jury
on the subject of contributory negligence, prejudicial error can
not be claimed because of such omission notwithstanding there
may have been evidence tending to establish contributory neg-
ligence. Ib.
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7. Negligence - Liability — Governmental or ministerial functions
- Acts of policemen - A police officer while engaged in the
discharge of his duties is discharging a governmental function
and the city is not liable for the acts of negligence committed
by such officer while thus engaged. City of Cincinnati v. But-
terfield, 395.
8. Referendum-Statutory requirements mandatory, when - The
power of a minority of the electors to force proposed legisla-
tion to a referendum includes the power to suspend such legis-
lation until the next regular election and can only be exercised
by fully complying with all the provisions prescribed for such
referendum. Ohio Val. Elec. Ry. Co. v. Hagerty, Aud., 398.
9. Referendum-Section 4227-4, General Code -Sufficiency of
affidavit accompanying petition — Knowledge of contents by
signers Statutory requirements mandatory, when
The pro-
vision of the statute (Section 4227-4), requiring each part of
a petition for a municipal referendum to contain an affidavit
that the petitioning electors signed such petition with knowl-
edge of the contents thereof, is mandatory. Ib.
Appropriation proceedings - Lessee not entitled to compensation,
when-Right of lessee to remove improvements. See City of
Cincinnati v. Schmidt, 426.
Guaranty Money retained by municipality for performance of
contract - Income from money so retained Accounting. See
Andrews Asphalt Co. v. Middletown, 436.
Municipal Courts-Negligence.
Criminal law - Trial by jury-No implied waiver of right, when
-Municipal court of Cleveland
Code. See Trattner v. State, 157.
Criminal law-Indictment or information-Negative averments
unnecessary, when Intoxicating liquors - Unlawful posses
sion. See Petro v. State, 256.
Criminal law Intoxicating liquors - Sufficiency of affidavits -
Negative averments of lawful possession. See Woody v. State,
342.
1. Actions Abatement and revivor-Section 11397, General
Code - Falling awning injures pedestrian — A cause of action
instituted for damages for personal injuries received from a
falling awning does not abate, under Section 11397, General
Code, upon the death of the defendant, in the absence of facts
disclosing that the awning was erected or maintained as a nui-
sance. Morton v. Coles, 209.
2. Assumption of risk-Pedestrian crosses street diagonally —
Foot catches in defective crossing-Injured by oncoming rail-
road engine A pedestrian who without any necessity and for
his own convenience departs from the sidewalk at a railroad
intersection and crosses the railroad crossing diagonally, and
in so doing catches his foot in a hole in the roadway and is
struck by a train and injured, cannot be held to have assumed
the risks of active negligence on the part of the railroad com-
pany which lay in the path he thus chooses. (City of Dayton
v. Taylor's Admr., 62 Ohio St., 11, distinguished.) Payne, Dir.
Genl. v. Gordon, 1.
3. Automobiles - Collision — Issues raised by general denial—
Charge to jury-Where the defendant, in a negligence case
involving a collision of automobiles, has denied "all the material
allegations of the petition," one of which was that the accident
was due to the negligence of the driver of defendant's car, it
is prejudicial error in the charge to the jury to speak in such
a way of defendant's failure to specifically deny the happening
of the accident, or the resulting damages, or that it was due
to the negligence of defendant's driver, as to create the im-
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