This court finds on authority of Gibbs v. Village of Girard, 88 Ohio St., 34, that this cause should have been submitted to the jury and that the court erred in instructing the jury to find a verdict in favor of the defendant.
It is,- therefore, ordered and adjudged by this court that the judgment of the said court of 'appeals be, and the same hereby is, reversed.
Judgment reversed.
Nichols, C. J., Johnson, Wanamaker, Robinson and Merrell, JJ., concur.
Matthias; J., not participating.