Legal Opinion

Sims v. Street Railroad

Ohio Supreme Court

Decided January 15, 1882Published

Appeal. Reserved in the District Court of Cuyahoga County. The Brooklyn Street Railroad Company was incorporated August 25, 1869, under the act of April 10, 1861 (58 O. L. 66), and the amendatory and supplementary acts. The authorized capital stock was $30,000. It was organized October 5, 1869, with a board of five directors.

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Appeal. Reserved in the District Court of Cuyahoga County. The Brooklyn Street Railroad Company was incorporated August 25, 1869, under the act of April 10, 1861 (58 O. L. 66), and the amendatory and supplementary acts. The authorized capital stock was $30,000. It was organized October 5, 1869, with a board of five directors. Its purpose was, as found by the court, to construct a street railroad from a point in the village of Brooklyn, a suburb of the city of Cleveland, through a portion of Brooklyn township, into said city, along Pearl street to its intersection with Lorain street, where it…

1Opinion of the CourtJohnson, J.

The plaintiffs, as stockholders in the Brooklyn *564Street Eailroad Company, seek equitable relief against the action of its board of directors. They ask : 1. To enjoin the board from issuing to defendant Johnson certificates of stock for $8,250, subscribed and paid for, and to declare said contract of subscription void.

2. To enjoin the city of Cleveland from passing an ordinance granting to said company permission to use the track of the "West Side Street Eailroad to extend its line to the business center of the city.

3. To enjoin the directors from taking any steps, or instituting any…

2Cases cited4 opinions

  1. Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
  2. Stevens v. Rutland & Burlington RailroadSupreme Court of Vermont · 1851
  3. Smith v. SkearySupreme Court of Connecticut · 1879
  4. Sprague v. Illinois River RailroadIllinois Supreme Court · 1857

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