Platt v. Pennsylvania Co.
Ohio Supreme Court
Error, to the District Court of Lucas county. The Toledo, Norwalk and Cleveland Railroad Company was incorporated in 1850 (48 Ohio Local L. 316; 49 Ohio Local L. 460), and had so much of the power of eminent domain as was delegated by the act of 1848 (2 Curwen’s Rev. Stat. 1394). The authority delegated by that act (section 9) was, inter alia, to enter upon lands and “ appropriate so much thereof as may be deemed necessary for its railroad, including necessary . . .…
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Error, to the District Court of Lucas county. The Toledo, Norwalk and Cleveland Railroad Company was incorporated in 1850 (48 Ohio Local L. 316; 49 Ohio Local L. 460), and had so much of the power of eminent domain as was delegated by the act of 1848 (2 Curwen’s Rev. Stat. 1394). The authority delegated by that act (section 9) was, inter alia, to enter upon lands and “ appropriate so much thereof as may be deemed necessary for its railroad, including necessary . . . materials for construction, except timberand the act provided that “it shall he lawful for such corporation to hold the interest…
1Opinion of the CourtQkey, J.
The contention of the Pennsylvania Company is that the Lake Shore Company had the right to take and hold the whole of the strip of one hundred feet through the Oliver lot, although it had no occasion to use the east half of it, or any part thereof, at any time; that, after holding such east half for more than twenty-one years, and after finding that it would never need the same for any purpose, the Lake Shore Company might lawfully, not merely lease temporarily, but sell, in perpetuity, one-half of such unused strip, that is, a strip twenty-five feet, wide, to' the Pennsylvania Company, and…
2Cases cited22 opinions
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Williams v. McMillanOhio Supreme Court · 1849
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
- Smith v. StateOhio Supreme Court · 1849
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