Defense o falsity of statements by insured imposes burden on
insurance company.
Pacific Mut. L. Ins. Co. v. Barnes, 380.

Proofs of loss in sealed envelope directed to home office but
placed in hands of local agent not filing with company. Pacific Mut.
L. Ins. Co. v. Barnes, 380.

Jurisdiction not conferred upon courts to enjoin payments under
workmen's compensation law. Porter v. Hopkins, 620.

INTERROGATORIES-

Interrogatories not calling for ultimate facts refusable. Otis
v Thompson, 322.

INTOXICATING LIQUORS-

Dow tax not charge upon the land upon failure of proof of sales
of liquors made. Roth v. Hulbert, 536.

Dow-Aiken assessment on unlawful traffic in liquor business
superior to prior mortgage. Brannan v. Schartzer, 626.

Statutory assessment for trafficking in liquor business in dry
county not license. Brannan v. Schartzer, 626.

Liquor business conducted in dry county subject to assessment.
Brannan v. Schartzer, 626.

INTOXICATION-

Ordinary care required of intoxicated employe. Barrett v. Rail-
way, 430.

JUDGMENT AND DECREES-

Priority of chattel mortgage not lost by action on note and levy
on mortgaged goods. Green v. Bass, 31.

Proof required in action to set aside Judgment by default. Keefe
v. Evenden, 68.

Decree for alimony distinguished from ordinary judgments. Baker
v. Baker, 243.

Judgment not reversed for failure of petition to state amount
of claim due if not prejudicial to adverse party. Brown v. Farr, 466.
Judgment on pleadings not reversed if facts alleged in petition
be not controverted or denied. Tuke v. Manchester, 532.

Void judgment involving liberty of individual reversed.
erick v. Owens, 538.

JUDICIAL SALES-

Fred-

Appreciation of property value between sale and confirmation
no avail to defeat confirmation. Walters v. Homberg, 337.

Running of limitations before confirmation of foreclosure sale
no bar to confirmation. Walters v. Homberg, 337.

JURY-

Right to jury trial claimed too late is lost. King v. Potter, 15.
Juror's attitude as to insisting on recommendation of mercy in
capital case if verdict based on circumstantial evidence properly
ascertained by state in examination voir dire. Selvaggio v. State,

139.

Change of venue for prejudice properly overruled if prejudice
based on newspaper reports. Townsend v. State, 408.

JUSTICE OF THE PEACE-

Contempt before a police Justice punishable. Meek v. McGor-
ray, 92.

JUSTICE OF THE PEACE-Continued.

Provision authorizing dismissal without prejudice not applica-
ble to appeals from J. P. Hall v. Lumber Co. 362.

LANDLORD AND TENANT-

Tenant denied damages for falling through open cellar door in
common passageway, landlord not responsible for leaving door open.
Stinson v. Metzger, 501.

LICENSES-

Ordinance imposing license fee on automobile use in municipal-
ity for pleasure, invalid. Crane v. Middletown, 528.

Statutory assessment for trafficking in liquor business in dry
county not license. Brannan v. Schartzer, 626.

LIENS-

Priority of chattel mortgage not lost by action on note and
levy on mortgaged goods. Green v. Bass, 31.

Dow tax not charge upon the land upon failure of proof of
sales of liquors made. Roth v. Hulbert, 536.

LIMITATION OF ACTIONS-

Running of limitations before confirmation of foreclosure sale
no bar to confirmation. Walters v. Homberg, 337.

Lapse of fifteen years between decree of sale and filing applica-
tion to confirm not defense to plea for confirmation of foreclosure
sale. Walters v. Homberg, 337.

Statute of limitations relative to abutter's encroachment in road
as applied to railway company. Plymouth & S. Trac. Co. v. Hart,

347.

One year statute for actions against heirs of decedent not merely
limitation but necessary qualification of right to maintain action.
Roth v. Hummel, 355.

Running of decedent's administration limitation bars enforce-
ment against trustee's heirs of claim against trustee. Robson v.
Evans, 510.

Four years' statute of limitations applies to collection of street
assessments. Dickerson v. Cincinnati, 585.

LODGES-

Fraternal Insurance, see also Insurance.

MANDAMUS-

Mandamus lies to compel school treasurer to pay school building
janitor. State v. Witt, 589.

MARRIAGE-

Effect of remarriage, see Divorce and Alimony.

MASTER AND SERVANT-

Danger of flying steel from driving screw with hammer, obvious
and conclusively presumed appreciated by servant. Nusbaum v.
Railway, 121.

Employe of county children's home may maintain action against
county commissioners for negligence of superior servant. Crawford
v. Columbiana Co. (Comrs.) 203.

Application for compensation to state liability board precludes
employe from maintaining action against employer. Bomgardne:
v. Zilch, 292.

Peremptory order from master to do act of simple character
not ground for damages for personal injuries. Doyle v. Furnace Co.
299.

Casing and boxing of shafting for protection of employes and
"floors" contemplated are work floors, sufficiency is question for
jury. Holland Gold Pen Co. v. Juengling, 398.

Official report of workshop visitor as to safety of shafting based
on subsequent visit incompetent. Holland Gold Pen Co. v. Jueng-
ling, 398.

Operative injured while attempting recovery of article in man-
ufacture not contributory negligence since charged with loss. Hol-
land Gold Pen Co. v. Juengling, 398.

Exhibition of portion of scalp torn off and preserved in alcohol
not prejudicial. Holland Gold Pen Co. v. Juengling, 398.

Ordinary care required of intoxicated employe. Barrett v. Rail-
way, 430.

Furnishing employe with vicious horse to perform work without
informing him of its dangerous character breach of duty. Brown
v. Dusha, 437.

Finding that plaintiff was not employe, and court's charge being
free from error on issue judgment for defendant affirmed. Brown
v. Dusha, 437.

Inference from general verdict for defendant implies finding of
nonemployment of plaintiff as servant. Brown v. Dusha, 437.

Whether employe killed was engaged in line of employment,
question for jury. Sherman v. Railway, 449.

Rule of company requiring caution by employes competent.
Sherman v. Railway, 449.

Word "injuries" includes occupational diseases. Industrial Com-
mission v. Brown, 572.

Assumption of risk in force under federal employers' liability
act. Dayton & U. Ry. v. Bunger, 655.

MILK-

See Pure Food Laws.

MINES AND MINING-

Lineal heirs includes parents in law relating to right of action
for death in mine. Burnett v. Coal Co. 200.

MORTGAGES-

Appropriation proceedings statute gives no court jurisdiction ex-
cluding another court confirming sale previously made in foreclosure.
Walters v. Homberg, 337.

Lapse of fifteen years between decree of sale and filing applica-
tion to confirm not defense to plea for confirmation of foreclosure
sale. Walters v. Homberg, 337.

Necessity of witnesses to vest title on assignment of mortgage.
Walters v. Homberg, 337.

Dow-Aiken assessment on unlawful traffic in liquor business su-
perior to prior mortgage. Brannan v. Schartzer, 626.

MUNICIPAL CORPORATIONS-

Money voluntarily paid by a municipality of law to contractor
by mistake not recoverable in absence of fraud or mistake of fact.
Smith Co. v. Cleveland, 8.

MUNICIPAL CORPORATIONS-Continued.

Value of plant, net profits, fair return basis for determining rea
sonableness of council rates for gas. Newark v. Natural Gas & Fuel
Co. 94.

Fair test of rate prerequisite to restraining imposition of new
rate for gas. Newark v. Natural Gas & Fuel Co. 94.

Absence of consent of gas company to rate prescribed not denial
of protection of law. Newark v. Natural Gas & Fuel Co. 94.
Gas and electric utilities and public have reciprocal rights in
gas rates. Newark v. Natural Gas & Fuel Co. 94.

Municipal power to regulate price of gas and electricity, exercise
presumed fair. Newark v. Natural Gas & Fuel Co. 94.

Abutter liable for injury to pedestrian on a defective walk.
Mooney v. Hauck, 134.

Municipal power to issue bonds without vote of people not re-
pealed by tax limitations. Schieber v. Edon, 192.

Municipal debt creating power distinguished from tax limita-
tions. Schieber v. Edon, 192.

Council not abutting property owners have control over the
placing of electric wires in the streets. Cincinnati v. Light Co. 235.
Municipality without notice not liable for flooding cellar from
clogging of sewer. Norwood v. Gobrecht-Geyer Co. 456.

Formal publication of resolution to submit issue of municipal
electric light plant bonds not required. Cleveland, S. & C. Ry. v.
Norwalk, 471.

Municipal sinking fund trustees, proper authorities to whom offer
of issue of electric light bonds rather than to board of education, no
school commissioners being appointed. Cleveland, S. & C. Ry. v.
Norwalk, 471.

Proceedings for incorporation of villages political in nature and
not subject to review. Bring v. Hollis, 477.

Injunction does not lie to prevent mayor from removing civil
service commissioners. Paine v. Keller, 479.

Municipality liable for damages from landslide caused by street
improvement notwithstanding negligence of independent contractor.
Cincinnati v. Filser, 487.

Ordinance imposing license fee on automobile use in municipality
for pleasure, invalid. Crane v. Middletown, 528.

Mayor's presenting charges against officers not applicable to
councilmen. Cleveland Elec. Illum. Co. v. Hitchens, 587.

NAVIGATION-

Riparian municipal owner has right to wharf out and make land
to line of navigability. State v. Railway, 630.

Right of state to regulate navigation and fishing subject to
federal navigation regulations. State v. Railway, 630.

NEGLIGENCE-

See also Counties; Master and Servant; Municipal Corporations;
Railroads; Street Railways.

Abutter liable for injury to pedestrian on a defective walk.
Mooney v. Hauck, 134.

Danger to persons outside from explosion in torpedo factory,
question for jury. Mayer v. Brudno, 165.

Driver of vehicle arriving before, entitled to priority over street
car at intersection. Mansfield Ry. L. & P. Co. v. Kiner, 175.

Right to recover for negligence survives death but recovery is

limited to loss of wages, pain and suffering. Sloan v. Coal & Dock
Co. 283.

Negligence of driver imputed to passenger in hack. Odenbaugh
v. Homberger, 331.

Contributory negligence alternative issue provable by negative
evidence. Odenbaugh v. Homberger, 331.

Question of negligence of driver of vehicle, injured by runaway
team after safely passing through lane or logs obstructing sides of
public highway for jury. Stockberger v. Shovel & Tool Co. 376.

Operative injured while attempting recovery of article in man-
ufacture not contributory negligence since charged with loss. Hol-
land Gold Pen Co. v. Juengling, 398.

Exhibition of portion of scalp torn off and preserved in alcohol
not prejudicial. Holland Gold Pen Co. v. Juengling, 398.

Doctrine of comparative negligence applied. Sherman v. Rail-
way, 449.

Neither last chance doctrine nor contributory negligence avail-
able against charge of "carelessly, recklessly and wantonly" causing
injury. Nypano Ry. & Erie Ry. v. Blose, 458.

NEW TRIAL—

Discretion in trial court to permit technical lack of evidence
considered by reviewing court and new trial granted rather than
final judgment for defendant. Pacific Mut. L. Ins. Co. v. Barnes, 380.
Trial judge's certificate to affidavits for new trial that affidavits
in question constituted all the evidence on motion hearing. Berman
v. State, 386.

OFFICERS-

Question of removal of officers not vested in courts of equity.
Paine v. Keller, 479.

Injunction does not lie to prevent mayor from removing civit
service commissioners. Paine v. Keller, 479.

Mayor's presenting charges against officers not applicable to
councilmen. Cleveland Elec. Illum. Co. v. Hitchens, 587.

Hold over school janitors subject to noncompetitive examination.
State v. Witt, 589.

Mandamus lies to compel school treasurer to pay school build-
ing janitor. State v. Witt, 589

PARENT AND CHILD-

Abandonment of child not shown by failure to pay for its sup-
port. Cleveland Christian Orphanage v. Barcus, 151.

Second husband of divorcee denied claim against first husband
for additional amount for support of child by former husband who
has contributed thereto. Gebert v. Howard, 329.

Adopting parents cannot recover damages for negligently caus-
ing death of adopted child. Boswell v. Railway, 522.

Specific performance of oral contract to convey land to son for
services rendered parent enforcible. Prechtel v. Prechtel, 581.
PARTIES-

Lunatic, not guardian, suable for tort. Stankus v. Keiper, 4.
Common-law child of deceased may be made party and plead,
in action for death by wrongful act. Erie Ry. v. Dump, 425.