Railroad Co. v. Defiance
Ohio Supreme Court
Error to the Circuit Court of Defiance county. The original action was brought in the court of common pleas of Defiance county, by The Wabash Railroad Company against the City of Defiance, to enjoin the defendant from, proceeding with a contemplated improvement of North Clinton street, and Ralston avenue, by which those streets would be so graded as to necessitate the removal of the bridges erected by the plaintiff over its roadway where it crosses the streets, • and also…
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Error to the Circuit Court of Defiance county. The original action was brought in the court of common pleas of Defiance county, by The Wabash Railroad Company against the City of Defiance, to enjoin the defendant from, proceeding with a contemplated improvement of North Clinton street, and Ralston avenue, by which those streets would be so graded as to necessitate the removal of the bridges erected by the plaintiff over its roadway where it crosses the streets, • and also the approaeh.es constructed by the plaintiff to those bridges. The petition alleges that the plaintiff “is a corporation,…
1Opinion of the CourtWilliams, J.
Briefly stated, the propositions urged in argument in support of the plaintiff’s claim to the relief it seeks, are: (1) That the council of the defendant had no jurisdiction over the streets in question, and therefore no authority to order their improvement, because they were originally parts of county roads: (2) That the improvement, if made in conformity with the ordinances of February 7, 1893, will involve the taking of the plaintiff’s property, for ’which no compensation has been paid or tendered: And, (3) that by the ordinance of December 20, 1887, the plaintiff acquired the right to…
2Cases cited6 opinions
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- St. Louis, Alton & Terre Haute Railroad v. City of BellevilleIllinois Supreme Court · 1887
- Chicago, Burlington & Quincy Railroad v. City of QuincyIllinois Supreme Court · 1891
- Chicago, Danville & Vincennes Railroad v. City of ChicagoIllinois Supreme Court · 1887
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