Moorhead v. Little Miami Rail Road
Ohio Supreme Court
This is a Bill in Chancery, reserved in Hamilton County. The bill sets forth that the complainants are the owners of certain premises, situate near and about the division line between Cincinnati and Fulton, fronting two hundred feet on the turnpike road on East Front street, and extending in depth to the Ohio river, the same width throughout; that they have been long in possession, and contemplated the erection thereon of a large saw-mill, and the establishment of a…
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This is a Bill in Chancery, reserved in Hamilton County. The bill sets forth that the complainants are the owners of certain premises, situate near and about the division line between Cincinnati and Fulton, fronting two hundred feet on the turnpike road on East Front street, and extending in depth to the Ohio river, the same width throughout; that they have been long in possession, and contemplated the erection thereon of a large saw-mill, and the establishment of a lumber-yard; and that they have dug the foundations, and made all their contracts to build the mill. That the Little Miami…
1Opinion of the CourtBirchard, C. J.
This motion presents the question whether the Little Miami Rail Road Company having once located and constructed their road, have the power to re-locate and re-construct it on other and distinct ground ? An answer to the inquiry must be given from the charter of the Company and the amendments which it has received. Unless the power is therein expressly granted or necessarily and fairly to be implied from the express grants it cannot be exercised. The first section of the respondent’s act of incorporation authorized the construction of a rail road terminating at Cincinnati, and at such a point…
2Cited by22 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Webster v. MorrisWisconsin Supreme Court · 1886
- In re John's WillOregon Supreme Court · 1896
- Gearhart v. RichardsonOhio Supreme Court · 1924
- Stratton v. Physio-Medical CollegeMassachusetts Supreme Judicial Court · 1889
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