Chesapeake & Ohio Railway Co. v. City of Dayton

Opinion of the Court by

Judge Carroll

— Affirming.

In November, 1914, tbe board of council of the city of Dayton enacted an ordinance requiring all railroad companies operating lines of railroad through the city of Dayton and crossing Clark and Boone streets and O’Fallon avenue, in said city, “to conform the grade of said railroad to the grade of each of said streets and avenue at said crossings, or to provide and maintain a suitable passway under, or bridge over, its tracks at each of said street and avenue crossings, suitable for public use on said streets by persons walking, riding or driving…