
    No. 7365.
    City of Toledo v. Mathews.
    (Decided October 1, 1901.)
    Error to the Circuit Court of Lucas county.
    
      
      Moses R. Brailey and Charles E. Friedman, for plaintiff in error.
    
      Sotothard & Love and Marshall d) Fraser, for defendant in error.
   The judgment of the circuit court reversing the common pleas is affirmed on the first ground stated in the record, on the authority of Schweinfurth v. Railway Co., 60 Ohio St., 215.

Williams, Burket and Spear, JJ., concur.

Williams and Spear, JJ., are of opinion that the judgment should also be affirmed on the second ground.  