Bolding and Loan Co., made for that if there was any liability to the

the purpose of enforcing the alleged contract of its mortgagor to pay its attorney's fee in this action (which is one to marshal liens of mechanics and others, including that of the Loan company, by way of mortgage on certain lands).

plaintiff below, the liability was that of the Lake Shore Co. only, who had sole possession and care of the car at the time of the injury received by plaintiff below. This court holds, that the Pennsylvania Co. is rightfully held liable by reason of the condition of the car at the time it was loaded and sent out upon its journey by the Pennsylvania Co. No evidence havHeld by the Circuit Court; That ing been given to show that that comthe consideration of the questions pany had ever overhauled or examined presented by the motion more prop- said car to ascertain its condition or fiterly arise on the final hearing of the ness for use prior to its arrival at Erie, Pa. Testimony showing that the car had been case and, without prejudice to the built some sixteen years and had been right of parties to raise the ques-in use by the Pennsylvania Co. for thirtion then, the motion is overruled.

DEFECTIVE CAR,

Railway Co. Presumed to Have Knowledge. Construction of act of 1890 Ohio Laws Page 149.

Lucas County--January Term.

Pennsylvania Railway Co. vs Joseph D. Meyers, and The Lake Shore & Michigan Southern R. R. Co. vs Joseph D. Meyers. E. W. Tolerton and E. D. Potter Jr. for plaintiffs in error.

ΓΟΥ.

teen years; the evidence further showing that the woodwork about the handhold which had given way was in a very decayed and defective condition so that it would not hold the screws, and evidence of such decay was visible, and that the screws securing the handhold were only long enough to go through the outer roof board which was of softer wood and cracked and decayad with long exposure to the weather.

In regard to the Lake Shore Co. it Scribner and Hurd for defendant in er- claims that it had the car inspected when

it received the same at Eric, Pa., and Petition in error to reverse the judg again at Detroit, Mich., and that it had ment of the court of common pleas. fully performed its duty in that regard Flaintiff below, an employe of L. S. & M. | and had no knowledge of the defective S. Ry. Co., was injured by the giving way condition of the car and that its inspectors of a hand hold on a car in company's yard had not been guilty of neg gence in inat Toledo, which car had come into its specting the car. That under the rules possession from the Pennsylvania Co. at of law laid down by the supreme court in Eric, Pa. Suit was brought jointly against the Fitzpatrick case, 42d Ohio state, it is both companies and a joint judgment not liable to its employ e, plaintiff below, rendered against them. The car belong- and that if there was any negligence it ed to the Pennsylvania Co. and was in- was the negligence of a co-employe to spected by the servants of said company wit: the inspector. On the other hand when delivered at Erie, Pa., to the Lake counsel for the defendant in error relies Shore Co. and by the Lake Shore Co.'s upon the act of the General Assembly of inspector also inspected when received Ohio, see Ohio laws 1890, page 149, secand was also again inspected by the Lake tion 2, which section provides, among Shore Co.'s inspector at West Detroit, other things, that when an employe of where the car was received from the Mich- the railroad company operating a car in igan Central Ry. Co. to whom it had been Ohio is injured by a defective attachment delivered by the Lake Shore Co., under upon a car, such corporation shall be the consignment made by the Pennsyl-deemed to have knowledge of such defcet vania Co. The Pennsylvania Co. claimed before and at the time such injury was so

2140-The State of Ohio ex rel. E. W, Poe et al vs Chas H. Jones, Auditor of Lucas County, mandamus, cause No. 3951 on the general docket. Demurrer to answer sustained. Peremptory writ allowed. To be reported.

2158-The Gill Car Manufacturing Co. 2768-John W. Daniels et al, vs Henry ¦ vs Edward G. Roberts et al. Motion by

plaintiff for leave to file bill of exceptions cuit court of Tuscarawas county. Judgin cause No. 2818, on the general docket. ment affirmed. Motion al owed. ·

TUESDAY, MAY 8, 1894. 2205. Julia A. Homer v Morris D. McCandless et al. Error to the Circuit court of Mahoning county Judgment affirmed. 2762. The Ohio Valley National Bank 2867. Simeon M. Johnson Adm'r &c. of Cincinnati v. David N. Murry et al. v. Estella Speigel. Error to the Circuit Error to the Circuit court of Scioto county.court of Hamilton county. Judgment affirmed,

Error to the Circuit court of Fairfield No. 2761, on the General Docket. Moiton overruled. COURLY

2892. David B. Hul! et al v. Charles H. Horton. Error to the Circuit court of Lorain county.

2896. First National Bank of Warren v. W. L. Scott et al. Eiror to the Circuit court of Trumbull county.

2901, The North Western Ohio Nal Gas Co. v. Jolin Zarbaugh et al. Error to the Circuit court of Hancock county. 2908. The Valley Railway Co. v. Apolina Orth. Error to the Circuit court of Summit county.

2915. Dorothy Bunch v. The Village of Uricksville. Error to the Circuit court of Tuscarawas county.

2916. L. Mozart Chaffee v. Elizabeth Foster. Error to the Circuit court of Sumirit county.

2922. The C. & M. Ry Co. v. Wm. S. Black. Error to the Circuit court of Pickaway county.

2923. The Cleveland, Lorain & Wheel ing R. R. Co. v. Francis McCord et al. Error to the Circuit court of Belmont county.

2927. The Mt. Adams & Eden Park Inclined Ry. v. David Peppard. Error to the Circuit court of Hamilton county.

2937. The Board of Commissioners of the Glady & Weberton Turnpike v. The Commissioners of Clinton county. Error to the Circuit court of Clinton county.

2939. The Lafayette Car Works v. Robt Webb. Error to the Circuit court of Alien county.

2940. Alexander McGinnis Adm'r &c. v. Charles M. Miller et al. Error to the Circuit court of Auglaize county.

2943. The commissioners of Lorain county v. The L. S. & M. S. Ry Co. Error to the Circuit court of Lorain county 2950, George P. Roberts v. Ca'eb E. Tillinghast. Error to the Circuit court of Erie county.

MOTION DOCKET.

2151. The State of Ohio ex rel. Jolm MeNcal et al, comm's v. E. W. Poe, Au, ditor et al. Mandamus. Cause No. 3440 on the General Docket. Demurrer to answer overruled, and judgment for defendant.

2165. R. Y. Warner v. Wm. L. Gares. Motion by plaintiff for stay of execution and supresedas in cause No. 4010, on the

General Docket. Motion overruled.

2166. John Matthews v. Matthew Hanna. Motion by plaintiff to re-instate cause

Nelson Motion for leave to file bill of 2167. The State of Ohio v. Samuel L exception to the Common Pleas Court of Clark county. Motion allowed.

SUPREME COURT NEW3.

COLUMBUS, O., May 7.--The following cases were filed in the Supreme Court last week:

4013-The Lake Shore and Michigan Southern Ry Co. vs the State of Ohio on complaint of Geo L. Lawrence. Eiror to the Circuit Court of Cuyahoga county. Estep. Dickey, Carr & Goff, Cleveland, for plaintifi; W. H. Poliamus, Cleveland, for defendant.

4014-August Leow vs Win H. Fry. Error to the Circuit Court of Quawa [county. Buckland & Love, Fremont, for plaintiff; C. I. York, Port Clinton, for defendant.

4015--Abram Flory and Jesse A. Flory vs Frederick Vogelmier. Error to the Circuit Court of Licking county. J. A. Flory, Newark, for plaintiff; J. B. Jones; Newark, for defendant.

4016-The Jones Bros. Electric Co. vs the Elektron Manufacturing Co., of New Hamilton county. Pogue, Pottenger & Fogue, Cincinuati, for plaintiff, and A. M. Warner for defendant.

York. Error to the Circuit Court of

4017-The Chicago &Ohio Coal and Car Co. vs the New Pittsburg Ceal Co. Error to the Circuit Court of Athens county. Monk & Elliott and J. M. jea ett. Athens, for plaintiff, and Grosvenor, Jones & Davis, Athens, for defendant,

4018-Chas Crawford, et al., vs Ohio, Circuit Court of Brown county. John M. ex rel. James Devore, et al. Error to the Markley, Georgetown, for plaintiffs; fendants. Young & Barnes, Georgetown, for de

4019-The State of Ohio vs Samuel L. Nelson. Motion for leave to file bill of

exceptions to the Common Pleas Court of Clarke county. Chase Stewart, Springfield; for plaintiff; Jadge Miller for defendant.

4020--Mary Palmer, executor, vs William A. Palmer, et al. Error to the Circuit Court of Muskingum county. C. M. Vandenbark, Zanesville, for plaintiff; J. W. King, Eaton, for defendants.

4021-James T. Black, Receiver of the Plain City Bank, vs James W. Robinson, administrator of Alvah Smith, deccased, Lawson Calhoun, Jas B. Smith, Emery Smith, administrator of Chas B. Smith, deceased. Error to the Circuit Court of Union county. Selwyn N. Owen, Columbus, for plaintiff: R. A. Harrison and Powell, Ricketts & Black, Columbus, for defendants.

mony. The case involves property at the corner of Floyd and Warren streets and the action was brought to enjoin the col-. lection of an assessment for paving Warren street. The lot, as platted, fronts on Floyd street and Counsel for plaintiff urged that the house was constructed, in its whole arrangement, to front on Floyd street although the entrance to the property is on Warren street and it has no entrance from Floyd street.

Judge Harmon was of the opinion that the interior arrangement of the house had little to do with determining the

We publish, in this issue, such decisions from Wood County Circuit as have been revised and approved by the Court. Judges have been unusually busy at Nor- question at issue; that from the facts walk this week. Appreciating the im-stated, and under the principle laid down portance of having absolutely correct re- in the Haviland case, the actual frontage ports our subscribers will, we trust, toler- of the lot, as used and occupied, is on ate such delay as is usually incidental to Warren street. a new departure. After a little the decisions from each county will be revised and published promptly.

MECHANICS AND VENDORS LIENS.

He would have so held but Counsel for plaintiff desired to introduce further testimony and the case was passed for that purpose.

DIVORCE LAW IN ITALY. The following are grounds for which divorces are said to have been granted by the Italian Courts: For calling his wife's sister a thief; for beating his wife's pet dog; for constantly chewing tobacco; for cutting his wife's curls without her

There is, among Common Pleas decisions published in this number, an interesting and important decision by Judge Pugsley of the Lucas County bench. It involves a construction of Section 3184 R. S., relative to Mechanics Liens and decides questions which have not been pass-consent; for refusing to take his wife out ed upon by the Supreme or Circuit Courts.

CORNER LOT LITIGATION.

for a walk; for refusing to sew on her husband's trousers buttons; for forcing his wife to sit up until after midnight; for the wife staying in bed until noon; for refusSeveral phases of the corner lot litiga-ing to let her husband go too near the tion were considered and determined by kitchen fire on a cold day; for dragging Judge Harmon on Saturday last. In two cases his decision was in favor of the property owners as will appear in the cases reported.

A third case, that of Douglas vs Toledo (No. 35089) was continued to give plaintiff an opportunity to introduce testi

her husband out of bed by the beard; for
the wife strolling around town and shop-
ping instead of attending to her domestic
duties. Wayne Co. Legal News.

A CHINAMAN ON A CHICAGO TRIAL.
During the World's Fair a Chinaman.