Ambler v. Erie Ry.

Citations

• 19 Ohio C.C. Dec. 89
• 9 Ohio C.C. (n.s.) 81

Syllabus

<p>REMOVAL OF TRADE FIXTURES.</p> <p>Cook, Burrows and Laubie, JJ.</p> <p>Trade Fixtures Erected under Contract with Lessee Removable.</p> <p>Where a railroad company puts down side tracks, at the request of a coal company upon its leasehold estate, for the purpose of removing the coal, the lease providing that, upon an abandonment of the premises upon the part of such coal company, it shall have the right to remove the mining appliances, such railroad company has a right to remove such side tracks, upon the abandonment of the premises by the coal company, over the objection of'the lessor, provided it does so without doing substantial injury to the freehold, and before such abandonment takes place.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Fixtures,” §§ 53-55; 5 Cyc. Dig., “Landlord and Tenant,” §§ 375-392. — Ed.]</p> <p>[Syllabus approved by the court.]</p>