
    No. 10718.
    Village of Mt. Pleasant v. McCullough.
    Decided November 10, 1908.
    Error to Circuit Court of Jefferson county.
    
      Mr. Ernest L. Finley, for plaintiff in error.
    
      Mr. P. P. Lewis and Mr. Dio Rogers, for defendant in error.
   Judgment of the circuit court reversed and on undisputed material facts, the judgment of the common pleas is reversed, and judgment is rendered for plaintiff in error on authority of City of Dayton v. Glaser, 76 Ohio St., 471.

Si-iauck, Crew, Summers and Davis, JJ., concur.  