Felton v. City of Cincinnati
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. Under the authority of statutes duly enacted by the legislature of the state of Ohio, beginning in the year 1869, the city of Cincinnati constructed, and has since that time owned, a line, of railway known as the Cincinnati Southern Railway, exiending from the city of Cincinnati, through the state; of Kentucky, to the city of Chattanooga, Tenn., a distance of 336…
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. Under the authority of statutes duly enacted by the legislature of the state of Ohio, beginning in the year 1869, the city of Cincinnati constructed, and has since that time owned, a line, of railway known as the Cincinnati Southern Railway, exiending from the city of Cincinnati, through the state; of Kentucky, to the city of Chattanooga, Tenn., a distance of 336 miles. The line of railway was built and has been controlled and managed by the city, through a hoard, called the “Trustees…
1Opinion of the CourtClark, District Judge
The discussion in this court deals with the case in three several aspects, requiring consideration of how far the result is influenced or controlled: First, by common-law principles applicable independently of the covenants in the lease; second, by the terms, express and implied, in the lease contract; and, third, by equitable principles, which apply in view of the fact that the subject-matter of the lease is a railroad, and peculiar, and is operated by appellant as the court’s receiver for the benefit of all parties interested. These questions have not, of course, been treated as of equal…
2Cases cited12 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Virginia & Alabama Coal Co. v. Central Railroad & Banking Co. of Ga.Supreme Court of the United States · 1898
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3Cited by2 opinions
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Lebensburger v. ScofieldCourt of Appeals for the Sixth Circuit · 1907