Alcorn v. Cinci. Traction Co.

Epitomized Opinion

Published Only In Ohio Law Abstract

Alcorn brought two actions against the Cincinnati Traction Company. In one case he claimed that a franchise was valid and sought to recover a money award from the City thereunder. In the second case he claimed that the franchise was illegal and sought to enjoin the Company from collecting fare required to produce the tax which he was attempting to recover on behalf of the City in the first case. The Court of Appeals of Hamilton County held that the first action was not maintainable by a tax payer upon the refusal of the City Solicitor to do…