Interurban Railway & Terminal Co. v. City of Cincinnati
Ohio Supreme Court
Error to the Court. of Appeals of Hamilton county. This action was instituted in the court of common pleas of Hamilton county by the city of Cincinnati against The Interurban Railway & Terminal Company to recover the sum of $1587.05 claimed to have been expended by the city in repairing a bridge over the Little Miami river.
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Error to the Court. of Appeals of Hamilton county. This action was instituted in the court of common pleas of Hamilton county by the city of Cincinnati against The Interurban Railway & Terminal Company to recover the sum of $1587.05 claimed to have been expended by the city in repairing a bridge over the Little Miami river. The material averments of the plaintiff’s petition are as follows: “On March 27, 1901, The Cincinnati & Eastern Electric Railway Company, a corporation organized for the purpose of owning and operating an electric railway, obtained from the County Commissioners of Hamilton…
1Opinion of the CourtMatthias, J.
The city of Cincinnati based its action against The Interurban Railway & Terminal Company upon the following terms and conditions of the franchise granted to the predecessor of said company by the commissioners of Hamilton county:
“9th. The said The Cincinnati and Eastern Electric Railway Company, its successors and assigns, hereby agree as a consideration for this grant and franchise, to maintain, repair and rebuild, whenever necessary, during the life of this grant, all the bridges and culverts, over the route herein specified upon which it may place and maintain its tracks, at its own cost…
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