*535Judgment of the circuit court reversed and that of the common pleas affirmed.
Burket, C. J., Davis, Shauck, Price and Crew, JJ., concur. Spear, J., dissents.*535Judgment of the circuit court reversed and that of the common pleas affirmed.
Burket, C. J., Davis, Shauck, Price and Crew, JJ., concur. Spear, J., dissents.