Cincinnati (City) v. Pittsburgh, C. C. & St. L. Ry.

Citations

• 35 Ohio C.C. Dec. 41
• 24 Ohio C.C. (n.s.) 305

Syllabus

<p>RAILROADS</p> <p>1. Occupation of Street by Five Railway Tracks, Unreasonable.</p> <p>There is no power or authority in a municipal council to grant the right to a railway company, either by ordinance or agreement with the company, to occupy, incumber and use a street by crossing it with five tracks connecting with a railway yard and in reality becoming a part of the yard, particularly where access to the yard can be had without thus occupying the street; nor could the right so to do be acquired by appropriation.</p> <p>2. City Solicitor m(ay Enjoin Unreasonable Occupation of Streets with Railway Tracks.</p> <p>There is ample authority in Sec. 4311 G. C. for the bringing by the city solicitor of injunction proceedings against the unreasonable occupation of a street with railway tracks, regardless of failure on the part of council to authorize him so to do.</p>