Akron & Cuyahoga Falls Rapid Transit Co. v. Erie Ry.

Citations

• 18 Ohio C.C. Dec. 36

Syllabus

<p>MUNICIPAL CORPORATIONS — RAILROADS—STREETS.</p> <p>Marvin, Winch and Laubie, JJ.</p> <p>t. Agreement to Pay fob Maintenance of Flagman by Railway if Latteb Required so to do, not Enfokcible if Done under Mutually Advantageous Agreement with Municipality.</p> <p>Under a contract by which a traction company agreed to pay all the costs and expenses incurred by a railway company in maintaining a flagman “lawfully required” by the public authorities at the intersection Of their tracks, such traction company will not be liable where the railway company placed a flagman at the crossing under a contract with a village, by which the municipality agreed to repeal a certain ordinance restricting the speed of trains.</p> <p>2. Agreement by Traction Company to Maintain Flagman at Railway Crossing, Void for Want of Consideration, if Nothing Granted but Right to Cross.</p> <p>A traction company has the right to lay and maintain its tracks at the grade of a street and across the track of a railroad by virtue of its franchise, without liability to the railroad company; an agreement, therefore, by such traction company to pay the costs and expenses of maintaining a flagman at their crossing without further compensation therefor than the right to cross the railway’s tracks is void for want of consideration.</p> <p>3. Construction, etc., of Traction Company’s Tracks not a New Servitude.</p> <p>The construction and maintenance of tracks by a traction company along municipal streets under authority legally granted by the municipality will not impose a new or additional burden upon the abutting property for which the owner of the fee can obtain compensation when the tracks are laid along the center and at the grade of the street.</p> <p>4. If Municipality Annexes County Road, Title Vests Therein in Trust.</p> <p>When a municipal corporation annexes territory embracing a county road, the title in fee to that part of the road vests ip. the municipality in trust for the public.</p> <p>[Sy