City of Cincinnati v. Louisville & Nashville Railroad
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The facts, which involve the constitutionality of a municipal ordinance of Cincinnati and statute under which it was passed permitting condemnation for a right of way, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The facts, which involve the constitutionality of a municipal ordinance of Cincinnati and statute under which it was passed permitting condemnation for a right of way, are stated in the opinion. The dedication of the public landing in January, 1789, was a contract between the dedicators and the subsequently created city of Cincinnati, by which the latter became perpetually obligated to hold the same in trust for the public; and inasmuch as the power of eminent domain then residing in the Northwest Territory was, by the ordinance of 1787,…
1Opinion of the CourtJustice Lurton
Under an act of the legislature of the State of Ohio of May 9, 1908 (Laws 1908, p.’308), being § 3283-a, and an ordinance of the city of Cincinnati in pursuance of that act, the defendant railroad company instituted, in a court of the State of Ohio, a suit to condemn a right of way for an elevated railroad track across the public landing at Cincinnati. Pending the condemnation proceeding the city of Cincinnati filed a bill in one of the Common Pleas Courts to enjoin the railroad company from constructing its railway across said public landing in pursuance of its agreement and contract with…
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