*521Judgment of the circuit court reversed and that of' the common pleas affirmed. The case should have-been submitted to the jury.
Davis, Shauck, Price and Summers, JJ., concur. Spear, f). J., dissents.*521Judgment of the circuit court reversed and that of' the common pleas affirmed. The case should have-been submitted to the jury.
Davis, Shauck, Price and Summers, JJ., concur. Spear, f). J., dissents.