Legal Opinion

Interurban Railway & Terminal Co. v. City of Cincinnati

Ohio Supreme Court

Decided November 19, 1915No. 14792Published

Error to the Court of Appeals of Hamilton county. The city of Cincinnati brought' a proceeding in the common pleas of Hamilton county to enjoin The Interurban Railway & Terminal Company and others from charging passengers on their cars rates of fare in excess of that provided in an ordinance passed by the council of the village of Pleasant Ridge in November, 1901, the village having been subsequently and prior to the commencement of the action annexed to the city of…

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Error to the Court of Appeals of Hamilton county. The city of Cincinnati brought' a proceeding in the common pleas of Hamilton county to enjoin The Interurban Railway & Terminal Company and others from charging passengers on their cars rates of fare in excess of that provided in an ordinance passed by the council of the village of Pleasant Ridge in November, 1901, the village having been subsequently and prior to the commencement of the action annexed to the city of Cincinnati. The Interurban Railway & Terminal Company is a consolidation of other interurban companies, including The Rapid…

1Opinion of the CourtJohnson, J.

From the above statement it will be seen that the controversy grew out of the provision contained in the ordinance granting the franchise passed by the village in November, 1901, as follows: “Should the village of Pleasant Ridge be annexed to the city of Cincinnati the rate of fare charged for a ride in either direction between *115any point in said village and the Cincinnati terminus shall not exceed five cents and transfers.”

It is shown by the record that in September, 1901, The Rapid Railway Company mhde application to the council of the village for the right to construct and operate a street…

2Cases cited6 opinions

  1. City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904
  2. People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
  3. Public Service Commission v. Westchester Street RailroadNew York Court of Appeals · 1912
  4. Rice v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1900
  5. Selectmen of Westwood v. Dedham & Franklin Street Railway Co.Massachusetts Supreme Judicial Court · 1911

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