Legal Opinion

Railway Co. v. Telegraph Ass'n

Ohio Supreme Court

Decided June 2, 1891Published

Error to the Superior Court of Cincinnati. The original action was commenced in the Superior Court of Cincinnati, by The City and Suburban Telegraph Association, defendant in error, against The Cincinnati Inclined Plane Railway Company, plaintiff in error.

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Error to the Superior Court of Cincinnati. The original action was commenced in the Superior Court of Cincinnati, by The City and Suburban Telegraph Association, defendant in error, against The Cincinnati Inclined Plane Railway Company, plaintiff in error. The petition filed was as follows: “ The plaintiff says that it is an association incorporated under the laws of Ohio, for the purpose of constructing, maintaining and operating telegraph and telephone lines in said state and elsewhere, and has its principal office and business in the city of Cincinnati, where it is now and has for more…

1Opinion of the CourtDickman, J.

The Cincinnati Inclined Plane Railway Company was incorporated in the year 1871, under the act of May 1,1852, entitled, “ An act to provide for the creation and regulation of incorporated companies in the state of *420Ohio.” On March 30,1877, the legislature passed an act authorizing any inclined plane railway or railroad company theretofore or thereafter organized under the act of 1852, to hold, lease, or purchase, and maintain and operate such portion of any street railroad leading to or connected with the inclined plane as might be necessary for the convenient dispatch of its business, upon…

2Cases cited3 opinions

  1. Painter v. PainterOhio Supreme Court · 1849
  2. Pratt v. BrownWisconsin Supreme Court · 1854
  3. Hudson River Telephone Co. v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1890

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