HOLMES, J.
The appellant sets forth two propositions of law:
"Proposition of Law No. 1: Section 5 of Article I of the Constitution of Ohio guarantees the right of trial by jury in those cases of the kind triable by a jury prior to its adoption."
"Proposition of Law No. 2: R.C. 4101.17 establishes a civil action for damages of the kind triable by a jury prior to the adoption of Section 5 of Article I of the Constitution of Ohio."
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