
    No. 12223.
    Heinbuch v. The Massillon Coal Mining Co.
    Decided January 31, 1911.
    Error to Circuit Court of Stark county.
    
      Messrs. Shields & Pomerene and Messrs. Rice & Souers, for plaintiff in error.
    
      Messrs. Welty & Albaugh, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

Spear, C. J., Shauck, Price and Johnson, JJ., concur. Donahue, J., not participating.  