Akron & C. J. Ry. v. Sandusky, N. & M. Elec. Ry.

Citations

• 22 Ohio C.C. Dec. 608

Syllabus

<p>RAILROADS — STREET RAILWAYS.</p> <p>1. Manner and Mode of Electric Road Crossing Steam Railroad.</p> <p>It is the policy of the statutes providing for the manner of one . railroad’s crossing another to require crossing other than at grade, where practicable from an engineering view and reasonable as a business proposition; and where an electric road seeks to cross a steam road and an overhead crossing is, under all the circumstances, practicable and reasonable .for both companies, the same will be ordered.</p> <p>2. Apportionment of Cost of Crossing.</p> <p>In apportioning the cost of an overhead crossing between an electric railroad company and a steam railroad company the steam company, having been first established, should be made to share the cost of constructing only that part of the crossing that is necessary to provide a way and support for the tracks of the crossing railroad; the cost of ties, rails, ballast and the like, must all be borne by the company crossing over.</p> <p>[Proof of this decision and syllabus was submitted to Judge Parker and corrected. — Ed.]</p>