Horstman ex rel. City of Cincinnati v. Cincinnati Street Railway Co.

This case was before us on -a previous occasion on a demurrer to t'he answer, which raised the question whether the law popularly known as the “Rogers Law,” under which the defendant asserts its right to act in the manner complained of by plaintiff, is a constitutional enactment. The decision of the court was that the law was unconstitutional, 'and the case remanded to special term for further proceedings. Horstman v. Street Railway Co., 12 Ohio Decisions, 756.

Subsequently at special term, by leave of court, the defendant filed an amended answer setting up four defenses in addition to the…