State Ex Rel. Crabbe v. Middletown Hydraulic Co.

In the case of Hubbard v. City of Toledo, 21 Ohio St., 379, West, J., in the opening sentence of his opinion, said, at page 393:

“In view of the magnitude of the private interests which this opinion may affect, not only in its immediate consequences, but in the future history and disposition of the public canals, we have given to the questions arising upon this record * * * the most careful consideration.”

I feel constrained, for a similar reason, to write this dissent. During the time when I sat on the Fourth circuit, many litigated questions, in many respects similar to those here presented,…