Opinion Per Curiam.

of Ohio be, and the same is hereby, affirmed; for the reason that the question presented to the court is whether the order of the Commission was unjust and unreasonable and the solution of this question depended on the facts as disclosed by the record. The commission had the witnesses and the entire situation before them and an examination of the record does not disclose in the judgment of the court such a state of facts as would warrant the reversal of the order by the commission.

Order affirmed.

JONES, MATTHIAS, JOHNSON, HOUGH and ROBINSON, JJ., concur.

TOBEY, COMMITTEE, ETC., v. THE PUBLIC UTILITIES COMMISSION OF OHIO ET AL.

Public utilities commission—Order not unreasonable or unlawful - Abandonment of interurban railway service, etc. (No. 16783-Decided December 21, 1920.)

ERROR to the Public Utilities Commission.

Mr. O. P. Gothlin and Messrs. Johnson, Sharp & Schooler, for plaintiff in error.

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

This court is of the opinion that the order of the public utilities commission, including its order per

Opinion Per Curiam.

mitting the abandonment by the railway company of its tracks between Roslyn and the Ryne Grocery corner in Beavertown, Ohio, is neither unreasonable nor unlawful; and this court finds from an examination of the record that the order so made by the public utilities commission was amply sustained by the evidence, having in view due regard for the welfare of the public and the cost of operating the service between the various points in controversy in said cause. It is therefore ordered and adjudged by this court that the order of the public utilities commission be, and the same is hereby affirmed.

Order affirmed.

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

ROBINSON, J., not participating.

INDEX

ABANDONMENT-

Interurban service, etc.— Public utilities commission - Order not
unreasonable or unlawful. See Tobey v. Pub. Util. Comm., 538.

Assessments - Highways—nterurban railroad-Right of way
- Perpetual lease by grantee - Lessee not owner "in fee," etc.
Section 1209, General Code (102 O. L., 343). See Dayton
Elec. Ry. Co. v. Scott, 13.

-

ACCOMMODATION ENDORSER —

Negotiable instruments

-

Notice to transferee - Partnership note
endorsed by payee bank's cashier- And forwarded to cor-
respondent bank for discount - Secretary of partnership and
bank cashier same person - Payee bank not liable to discount-
ing bank, when. See Bank Co. v. Oil & Gas Co., 217.

ACCOMPLICES-

Evidence - Testimony of accomplice - Affirmative and negative
testimony-Weight and value. See State v. Davies, 487.

ACCOUNTS-

Guardian-Failure to file - Citation - No limitation of time.
See McClelland v. State, etc., 42.

ACTIONS-

Municipal corporations-Appropriation of property-Action in
rem - No burden of proof. See Martin v. Columbus, 1.

ADMINISTRATORS AND EXECUTORS -

Appointment of administrator de bonis non-Mandamus
Probate court-Administration of bequest of corporate stock
-Indebtedness of legatee to estate. See State, ex rel., v. Lued-
ers, 259.

ADVERTISEMENT –

State highway laws - Failure to advertise for bids - Section 1206,
General Code - Curative provisions apply, when - Defects in

Advertisement -

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Amendments.

ADVERTISEMENT —Continued.

-

-

proceedings cured, when - Act of December 18, 1919 (108 O.
L., pt. 2, 1122) — Validating and ratifying highway contracts
Inoperative upon contracts adjudicated invalid - Judgments and
error proceedings unaffected, when. See Cowen v. State, ex
rel., 387.

AFFIRMANCES -

Supreme court-Weight of evidence Rule 19. See Bayles v.
Welsh, 521.

AFFIRMATIVE TESTIMONY —

Defined - Weight and value-Charge to jury-Criminal law.
See State v. Davies, 487.

AGENCY-

Fire insurance-Knowledge of agent imputed to company, when
-Insured's title only leasehold - Fee simple policy issued
Waiver without endorsement. See Foster v. Ins. Co., 180.

AGRICULTURAL BOARD-

-

Inspection of feed stuffs - Constitutional law-Licensing of
dealers - Sections 1141 to 1149-1, General Code (106 O. L.,
156-159). See Weisheimer v. Board of Agriculture, 523.

AIDERS AND ABETTORS-

-

Criminal law - Evidence - Testimony of accomplice — Affirma-
tive and negative testimony-Weight and value. See State v.
Davies, 487.

AMENDMENTS-

-

-

-

Acts revived or amended Section 16, Article 2, Constitution -
Industrial commission-Act creating and superseding board of
awards Section 871-1 et seq., General Code (103 O. L., 95)
- Division of workshops and factories - Inspection of school-
houses - Section 1031, General Code - Bonds to replace con-
demned buildings Section 7630-1, General Code — Repeals by
implication. See Kinsinger v. Bd. of Education, 298.

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Statutes Pending proceedings affected, how-Section 26, Gen-
eral Code Act of February 20, 1920 (108 O. L., pt. 2, 1188)