Volume 29 — Ohio Circuit Court Reports, New Series

<p>APPOINTEES OF A BOARD OF HEALTH.</p> <p>Office and Officer — Appointive Positions in Health Department— Abolished by Repeal of Ordinance Establishing Such Positions.</p> <p>The repeal of an ordinance, passed pursuant to the provisions of Section 4404, General Code, establishing a board of health, abolishes all appointive positions under such board.</p>

<p>IMPLIED CONTRACT FOR SERVICES AS HOUSEKEEPER.</p> <p>Services — Family Relationship Not Created by Performance of Household Duties — Recovery on on Implied Contract — Master and Servant.</p> <p>The fact that a woman lives in the home of a man and performs services for him does not create a family relationship, where the parties are not of blood kin and not related by intermarriage. Under such circumstances there may be a recovery for services rendered under an implied contract.</p>

<p>LIABILITY OF SURETY FOR SUPPLIES USED BY CONTRACTOR.</p> <p>Burettes — Bond Covering Road Contract — Gasoline and Oil Part of the Material Used — Grain and Peed Cases Distinguished.</p> <p>A surety upon tbe bond of a contractor for road improvement given under Section 1208, General Code (106 O. L., 634), is liable for gasoline and oil furnished the contractor for use in motor trucks engaged in transporting material for the construction of the road under the contract.</p>

<p>PRESUMPTION AS TO WHETHER A MISSING PERSON IS LIVING OR DEAD.</p> <p>Burden of Proof — Of the Death of One Mysteriously Missing — Rests for Seven Years on the Party Asserting Death — Presumption of Death then Arises.</p> <p>Where a person mysteriously disappears and is not again heard from, a legal presumption of his death does not arise until seven years from the date of his disappearance, and in the absence of any proof showing his death the property of an ancestor dying within •the seven year period will be presumed to have descended to such ■ absent heir.”</p>

<p>STREET CAR PASSENGER GIVEN WRONG TRANSFER.</p> <p>Street Railways — Liability for Ejection of Passenger — To Whom a Wrong Transfer Had Been Issued — in Accenting Transfer Ordinary Care Required as to Its Correctness.</p> <p>A passenger on a street car who has paid his fare and is entitled to ride over another line of the same company, and who having asked for a transfer over such line, is given, by mistake of the conductor, a transfer not properly punched as to time, may nevertheless, if he has exercised ordinary care and prudence about the receiving and making use of such transfer, lawfully insist upon being carried over such other line without 'further payment of fare; and if such passenger, without fault on his part, is ejected from a ■car for refusing to pay fare other than by such transfer, he may recover damages for the tort and can not be restricted to damages for breach of the contract to carry him.</p>

<p>CONSTRUCTION OF WILL WITH REFERENCE TO DISPOSITION OF LAPSED ESTATE.</p> <p>Wills — Devise in Full of all Interest Does Nat Bar Participation in a Lapsed Estate.</p> <p>1. A devise in a will to a daughter “to -be her full share and interest in all my estate” does not bar such devisee from her share of property not disposed of by the will.</p> <p>2. This construction is not affected by the fact that the property in controversy had -been disposed of by a legacy which had lapsed by reason of the death of the legatee in the lifetime of the testator.</p>