Stewart v. Village of Ashtabula
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This action was begun in the circuit court by the filing of a petition in which the plaintiff sets out that on the night of July 19, 1890, and during the days following, the defendants wrongfully and unlawfully entered upon, tore up, destroyed, and removed a certain line of street railway belonging to the plaintiff, theretofore laid in the streets of Ashtabula; that…
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This action was begun in the circuit court by the filing of a petition in which the plaintiff sets out that on the night of July 19, 1890, and during the days following, the defendants wrongfully and unlawfully entered upon, tore up, destroyed, and removed a certain line of street railway belonging to the plaintiff, theretofore laid in the streets of Ashtabula; that defendants removed said line of street railway, and unlawfully and wrongfully removed the materials thereof, and in like…
1Opinion of the Court
DAY, Circuit Judge,
after stating the foregoing facts, delivered the opinion of the court. .
The question here presented is as to the effect of the record and proceedings in the state circuit court, as affirmed hy the supreme court (48 N. E. 1118), as an estoppel between the parties. It is evident that the principal contention in the state court concerned the issue as to whether Stewart had complied with the terms and conditions of the ordinance granting to him the right and privilege of using the streets of the village of Ashtabula for the construction and maintenance of a street railroad; the…
2Cases cited1 opinion
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
3Cited by3 opinions
- Barber v. CoitCourt of Appeals for the Sixth Circuit · 1906
- Russell v. RussellU.S. Circuit Court for the District of New Jersey · 1904
- Lamkin v. RobinsonOhio Court of Appeals · 1922