Volume 25 — Ohio Circuit Court Reports, New Series

<p>ASSESSMENT FOR LOSSES SUSTAINED BY A MUTUAL INSURANCE ASSOCIATION.</p> <p>Mutual Insurance Associations — What May he Included in Assessments.</p> <p>Where the by-laws of a mutual fire insurance association organized under Sections 3686-3690, Revised Statutes, provide that an assessment shall be levied at a certain date each year to pay the losses incurred and incidental expenses, the inclusion in the amount for which assessments are levied of an amount sufficient to reimburse officers of the company for money which they had advanced to pay losses as they occurred, does not make the assessments illegal.</p>

<p>PENALTY FOR. NON-PAYMENT OF LIQUOR TAX.</p> <p>Intoxicating Liquors — Addition of Penalty to Assessment — Oan Not be Recovered from One Engaged in the Traffic Without Payment of the Tax.</p> <p>The penalty of 20 per cent, imposed by Section 6082 upon one who engages in the liquor business without paying an assessment, is applicable to the assessment imposed by that section alone, and not by preceding sections, and such penalty can be recovered back where paid by one who had not paid the assessment and had not refused information to the assessor. Tax laws should be liberally construed.</p>

<p>ACTION AGAINST COUNTY COMMISSIONERS ON ACCOUNT OF DEFECT IN HIGHWAY.</p> <p>Constitutional Law — Validity of Act Permitting Impanneling from Adjoining County in Action Against County Commissioners — Actual Notice of Defect in Highway — Not Necessary to Render County Commissioners Liable — Lack of Funds to Repair Defect in Highway a Matter of Defense — Not Negligence to Drive on Edge of Macadamised Road.</p> <p>1. Section 11418-1, as amended (102 O. L., 41), permitting a jury to be drawn from an adjoining county in an action against the county commissioners, is a constitutional enactment and applies to a suit brought before its passage, there being no vested right in a remedy.</p> <p>2.i Actual notice of a defect in a highway is not necessary to establish liability against county commissioners in an action for injuries suffered because of such defect, if constructive notice of such defect is shown.</p> <p>3. While lack of funds with which to repair a highway may be made a matter of defense in an action against the county commissioners for injuries, it is defensive matter only and the petition need not aver that funds were available for repair of the defect.</p> <p>4. A person traveling along a highway is not chargeable with contributory negligence in permitting the wheels of one side of his vehicle to get just outside of the macadamized part of the road, where a hole existed into which the wheels dropped causing the accident complained of.</p>

In this case, in which there was a judgment for the plaintiff in the court of common pleas, the plaintiff in error assigned for consideration a large number of errors, and passing for the present the… Held: and the Marsh case justifies the holding, that the railway signal company could not escape liability if the negligence from which the injury arose was the negligence of one of its employees, who would have been a fellow-servant had Toda been in its employ.