Cleveland Electric Illuminating Co. v. Continental Express

José A. Villanueva, Judge.

I. BACKGROUND

This matter is before the court on the motion of defendants Continental Express and Vito Bonventre to dismiss or alternately for summary judgment. For the reasons set forth more fully below, defendants’ motion is denied.

On December 10, 1883, the city of Cleveland granted plaintiff CEI’s predecessor, the Cleveland Electric Company, “permission to erect poles in streets, alleys and public grounds of the city of Cleveland, and to connect the same with wires for the purpose of furnishing power and light by means of electricity.” The state of Ohio granted the…