Legal Opinion
Smith v. Erie Rd. Co.
Ohio Supreme Court
Decided July 13, 1938No. 26727PublishedCited by 57 opinions
1Opinion of the CourtWilliams, J.
The demurrer to the petition admits all facts well pleaded and they must be assumed to be true in determining the sufficiency of the pleading.
The first step to consider is whether the petition pleads a taking of property within the purview of Section 19, Article I of the Constitution of Ohio, which requires compensation to be made for property “taken for public use.”
The right of eminent, domain is an attribute of sovereignty, and, being inherent in the state, exists independent of constitutional provision; but the electorate, through the fundamental law, may limit, enlarge or define the…
2Cases cited24 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- City of Norwood v. SheenOhio Supreme Court · 1933
- Board of County Commissioners v. AdlerSupreme Court of Colorado · 1920
- Norris v. Mayor of BaltimoreCourt of Appeals of Maryland · 1876
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
19 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Woodside v. City of AtlantaSupreme Court of Georgia · 1958
- Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.Supreme Court of Minnesota · 1974
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- State ex rel. OTR v. City of ColumbusOhio Supreme Court · 1996
- Burt Realty Corp. v. City of ColumbusOhio Supreme Court · 1970
52 more not listed; retrieve them via the Exa API.