
    No. 10796.
    The Crystal Ice Manufacturing & Cold Storage Co. v. Pletsch & Sutton.
    Decided January 19, 1909.
    Error to Circuit Court of Franklin county.
    
      Mr. Walter B. Page, for plaintiff in error.
    
      Mr. John L. Davies, for defendant in error.
    Judgment reversed. Grounds stated in journal entry.
   It is ordered and adjudged by this court, that the judgment of the said circuit be, and the same is hereby, reversed, and this court proceeding to render the judgment which said circuit court should have rendered, it is considered and adjudged that the judgment of the court of common pleas be, and it hereby is reversed for error in refusing to give to the jury the second instruction requested.

Crew, C. J., Summers, Spear, Davis and Shauck, JJ., concur.  