Ohio Power Co. v. Deist

The specific question now before this court is: Does The Ohio Power Company have the right under the statutes, particularly Section 9192-1, General Code, and under the facts presented in the record, to appropriate a right of way for the purpose of constructing thereon a belt conveyor to transport coal from plaintiff’s coal field to its generating station, a distance of approximately four miles?

The decision of this case requires a construction of Sections 9192-1 and 11046, General Code, and their application to the facts and circumstances established by the evidence.

Section 9192-1, General…