Branahan v. Hotel Co.
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Hamilton county. The Cincinnati Hotel Co. is the perpetual lessee of a lot one hundred and seventy-eight feet on Fourth street, Cincinnati, and two hundred feet deep on Central avenue, on which there is a large and costly building used partly for hotel purposes, and partly rented out as store rooms. That part of said building fronting on Fourth street is known as the Grand Hotel.
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Motion for leave to file a petition in error to the District Court of Hamilton county. The Cincinnati Hotel Co. is the perpetual lessee of a lot one hundred and seventy-eight feet on Fourth street, Cincinnati, and two hundred feet deep on Central avenue, on which there is a large and costly building used partly for hotel purposes, and partly rented out as store rooms. That part of said building fronting on Fourth street is known as the Grand Hotel. On the side fronting on Central avenue there is an entrance to the hotel, and seven store rooms rented and occupied separately from the hotel.…
1Opinion of the CourtJohnson, C. J.
The findings of the court below, that the use of Central avenue from Fourth to Third streets as a hack stand, is such an unlawful interference with the use and occupation of the premises by the adjacent owner, the plaintiff, as to obstruct the avenue and render access to the store rooms fronting thereon by the plaintiff’s tenants impossible, leaves little to be said.
The owner of lots abutting upon a public street in a city or village has a peciiliar interest in the street; distinct from the right of the public to use the street. It is a private property right in the nature of an incorporeal…
2Cases cited3 opinions
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Schulte v. North Pacific Transportation Co.California Supreme Court · 1875
- Sackner v. SacknerMichigan Supreme Court · 1878