Wilkey v. Cincinnati, New Orleans & Texas Pacific Railway Co.

The State Commissioner of Highways and C. N. 0. & T. P. Ry. Co. appeal from a decree of the Chancery Court of Rhea County permanently enjoining the Railway Company and the City of Dayton from closing a railway crossing on West Second Avenue in Dayton.

Wilkey and other property owners who had used the crossing on West Second Avenue in going to and from schools and the business sections of Dayton for as long as fifty years filed the bill against the Railway Company for an injunction requiring it to remove barricades placed in the street. Later, the bill was amended to make the City of Dayton a…