
    Wilberforce University v. Green et al.
    (No. 18786
    Decided June 2, 1925.)
    Error to the Court of Appeals of Greene county.
    This ease arises upon error proceedings filed by Wilberforce University to the judgment of the ■Court of Appeals in the case of Grace Green v. Wilberforce University and the Board of Trustees of 'the Combined Normal and Industrial Department. Motion to certify the record of the Court of Appeals was allowed. The case as tried in the court of common pleas was one action only, and to the judgment of the court of common pleas, as affirmed by the Court of Appeals, two error proceedings have been brought, one the instant case and the other case No. 18790, the Board of Trustees of the Combined Normal and Industrial Department of Wilberforce University v. Grace Green and Wilberforce University, ante, 15, 148 N. E., 355, this day decided.
    
      Mr. C. II. Kyle, for plaintiff in error.
    
      Mr. Chas. L. Darlington, Mr. \C. C. Crabbe, attorney general, and Mr. Arthur H. WicJes, for defendants in error.
   By the Court.

The facts in this case are identical with those of the case of Board of Trustees of the Combined Normal and Industrial Department of Wilberforce University v. Grace Green and Wilberforce University, No. 18790, ante, 15, 148 N. E., 355, this day decided. The Court of Appeals affirmed the judgment in favor of the plaintiff against the University of Wilberforce, and against the Combined Normal and Industrial Department of Wilberforce University, upon the ground that the property at the location of the manhole where the accident occurred was under the joint control of the University of Wilberforce and the Board of Trustees of the Combined Normal and Industrial Department of the said University.

The record contains no evidence whatever tending to show joint control of the property upon which the accident occurred. The employe whose negligence directly caused the accident was paid by the state, and was in no way subject to the control of Wilberforce University. The judgment will therefore be reversed.

Judgment reversed.

Marshall, O. J., Jones, Matthias, Allen, Kinkade and Robinson, JJ., concur.  