Brown v. Akron & Chicago Junction Ry.

Citations

• 25 Ohio C.C. Dec. 35
• 16 Ohio C.C. (n.s.) 511

Syllabus

<p>HIGHWAYS — RAILROADS.</p> <p>1. Diversion of Highway to Adapt Course to Diagonal Crossing by Railway.</p> <p>When in the construction of a railroad it becomes necessary tar cross a highway in the country at such an angle as to render the building of a necessary bridge impracticable, the grade of the railway being twenty-seven feet above the grade of the highway, the railroad company is granted, by Sec. 3284 R. S. (Sec. 8773 G. C.), the right to divert the course of the highway, that a crossing may be made at right angles, provided, it does not impair the usefulness of said highway.</p> <p>2. Necessity of Diversion of Highway, Question .for Court and Elements for Determination.</p> <p>The question of the necessity of the diversion of a highway for railroad purposes is for the court to decide, and in determining such question the convenience and necessity of the whole public, including travelers on the railroad as well as the highway • should be considered.</p> <p>3. Diversion of Country Highway for Railway Purposes Permanent.</p> <p>The diversion of a country highway which is authorized by See-3284 R. S., may be permanent, provided said diversion is reasonably necessary, and does not unreasonably interfere' with, the use of said highway by the public.</p>