PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW and SHAUCK,

JJ.,

concur.

WHEELING & L. E. R. CO. v. TOLEDO RY. & TERMINAL CO. (No. 8.565.) (Supreme Court of Ohio. Jan. 25, 1910.) Error to Circuit Court. Lucas County. Squire, Sanders & Dempsey, Seiders & Monnette, and Smith & Beckwith, for plaintiff in error. King & Tracy, Hamilton & Kirby, and Brown, Geddes, Schmettau & Williams, for defendant in error.

PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

ror.

John C. Pettit, for defendant in error. PER CURIAM. Judgment affirmed. CREW, C. J., and SUMMERS, DAVIS, and SHAUCK, JJ., concur.

YAKEY v. STRUNK. (No. 11,542.) (Supreme Court of Ohio. Feb. 15, 1910.) Error to Circuit Court, Shelby County. J. D. Barnes, for plaintiff in error. Wickoff, Emmons & Needles, for defendant in error.

PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW, SPEAR, SHAUCK, and PRICE, JJ., concur.

ZINN v. MARTIN. (No. 11,050.) (Supreme Dec. 21, 1909.) Error to SuCourt of Ohio. perior Court of Cincinnati. Aaron A. Ferris, for plaintiff in error. Jno. M. Thomas, Jr., for defendant in error.

PER CURIAM. Judgment affirmed.

CREW, C. J., and DAVIS, SHAUCK, and PRICE, JJ., concur.

became a party to these proceedings, and was thereupon entitled to prosecute the same, even though the original petitioner, failed to establish his claim. The motion for reargument should be denied, but the remittitur should be amended so as to affirm the order of the Appellate Division in so far as it reI verses the decree of the surrogate as to the claim of John T. Pirie, with costs against him in all courts. But as to the claim of Frederick A. Wright, as administrator of Susan Wright, the order of the Appellate Division should be reversed and the decree of the surrogate affirmed, with costs to him in this court and in the Appellate Division.

CULLEN, C. J., and VANN, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur.

Motion denied.