Cincinnati, Hamilton & Dayton Railroad v. Cole
Ohio Supreme Court
Error to the Common pleas of Allen county. This was an action brought by Cole against the plaintiff in error for wrongfully ejecting him from one of its cars, on which he was a passenger, and also to recover the statutory penalties for demanding rates of fare exceeding three jcents per mile, as prescribed by the act of April 25,1873 (70 Ohio L. 161). The essential facts disclosed by the rec■ord, and which are necessary to an understanding of the .questions involved, are…
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Error to the Common pleas of Allen county. This was an action brought by Cole against the plaintiff in error for wrongfully ejecting him from one of its cars, on which he was a passenger, and also to recover the statutory penalties for demanding rates of fare exceeding three jcents per mile, as prescribed by the act of April 25,1873 (70 Ohio L. 161). The essential facts disclosed by the rec■ord, and which are necessary to an understanding of the .questions involved, are these: In 1869, the plaintiff in error became the lessee of the Dayton and Michigan Railroad, and it has ever since used and…
1Opinion of the CourtWelch, C. J.
The important question in the case, and that, doubtless, for the decision of which it was brought here, is whether either of these companies is bound by the provisions of the act of 1878, fixing their maximum rates of fare below what they are allowed by their charters to take.' If both companies are bound by that act, it is needless to consider one of the principal questions argued by counsel, namely, whether by virtue of the lease the lessee company acquired the franchise of the lessor company to demand and receive toll; or whether, on the other hand, the lessee company is to be regarded as-…
2Cited by13 opinions
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
- Board of Education v. Proprietors of Akron Rural CemeteryOhio Supreme Court · 1924
- Railway Co. v. TrimbleSupreme Court of Arkansas · 1891
- In re Western Bank & Trust Co.District Court, N.D. Texas · 1908
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