City of Cleveland v. Baltimore & O. R. Co.

HICKS, Circuit Judge.

In July, 1930, the city of Cleveland, appellant, planned the construction of a sewer known as tins Cuyahoga Yalley Main Sewer and let the work to a contractor. It was to pass across the right of way and under the tracks of the Baltimore & Ohio Railroad Company, appellee, west of the intersection *90of West Third street and Huston avenue. By September 17 the contractor had excavated up to appellee’s property line and appellant had concluded negotiations for an easement through and under the property for the construction and maintenance of the sewer. These negotiations were…