City of Dayton, Ohio v. City Ry. Co.

DENISON, Circuit Judge.

This is an appeal from a final decree enjoining the enforcement of a Dayton city ordinance, which, in effect, prohibited the use by the street railways of the so-called “one-man” cars. Pursuant to city ordinances, which by their acceptance had, under the Ohio rule, become contracts (Columbus Co. v. Columbus, 249 U. Si 399, 39 S. Ct. 349, 63 L. Ed. 669, 6 A. L. R. 1648), the street railways in Dayton had for many years provided, upon each car, a conductor and a motorman. About April, 1921, in an effort to lessen the then greatly increased cost of operation, there had…