Columbus, Delaware & Marion Electric Co. v. Board of County Commrs. of Marion Co.

Plaintiff in error contends, first, that the road was illegally established, and, second, that Sections 8897, 8898, and 8899, General Code, are unconstitutional, in that they vest a court with legislative power.

The first of these contentions is not before the court, for it was not raised in the pleadings.' We therefore proceed to consider the question of the constitutionality of the statutes. They read as follows:

Section 8897: “Every municipality or other authority hereafter building a highway across an existing railroad, shall construct it above or below the grade thereof, unless in the…