Ohio Public Service Co. v. State Ex Rel. Fritz

Throughout the course of this opinion the Ohio Public Service Company will be called the respondent, and the defendant in error will be called the relator.

The relator contended in the Court of Appeals that the respondent had been granted no franchise rights, or that, if such rights had been acquired, they had been forfeited by abandonment and nonuser. These allegations were denied by the respondent. Since the court refused to give the judgment of ouster either upon the ground that no franchise had been given, or upon the ground of abandonment and nonuser, it is evident that the Court of…