Cincinnati Northern Traction Co. v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 79 Ohio St. (N.S.) 243

Syllabus

<p>Section 3333-1, Revised Statutes — Proceedings to procure order as to method of crossing of railroads' — Court should apportion cost of practicable grade of approach — Junior company may be charged with additional cost, zvhen.</p> <p>1. In a proceeding under Section 3333-1, Revised Statutes, where a junior and senior railroad company are not able to agree as to a method of crossing, to procure an order of the court in that behalf, the court should equitably apportion between the roads only the cost of such a grade of approach as will be practicable. If the junior road desires a lesser grade it may, with propriety, be charged with the entire additional expense of such construction.</p> <p>2. The statute requires that not only the costs of constructing such crossing as the court may order, but also the cost of maintaining it shall be equitably distributed between the companies.</p> <p>3. When, in such case, the junior road has projected and is engaged in constructing a double track road, the cost of a crossing sufficient in width to p carry a double track should be equitably apportioned between the companies.</p>