Lake Shore Electric Ry. Co. v. State Ex Rel. Martin

The question decided by the Court of Appeals was whether the Lake Shore Electric Railway Company, which was operating without a franchise or any agreement with the city (the franchise under which the tracks were originally placed in the street having expired and having been granted prior to the passage of the Miller Act, Sections 504-2 and 504-3, General Code), could be ousted without the consent of the Public Utilities Commission, as provided in such sections. The Court of Appeals held that there should be a judgment of ouster and granted the same.

The city of Bellevue claims that, since the…