City of Sandusky v. Baltimore & Ohio Railroad

Citations

• 101 Ohio St. (N.S.) 225

Syllabus

<p>Railroads — Grade crossing elimination — Inability to agree upjon plan — Jurisdiction of common pleas court — Lateral diversion of tracks — Section 8879, General Code — Submission of plans and modifications by municipality or railroad.</p> <p>1. Where two railroads and a street intersect at grade and the security and convenience of the public require the elimination of such grade crossing, and by reason of the intersection of such railroads at the crossing it is impracticable to eliminate the grade crossing by a vertical raising of the railroad tracks or a vertical depression of the street, the court is authorized under Section 8879, General Code, to adopt a reasonable and practicable plan of grade crossing elimination, which may require such reasonable lateral diversion as may be necessary to accomplish the purpose of the statute.</p> <p>2. Upon the failure of a municipality and a railroad company or companies to agree upon a plan of grade crossing elimination, and upon the filing of a petition in the court of common pleas by the municipality or the railroad company or companies, each party is entitled to present to the court plans and modifications thereof, and the court is authorized to adopt the most reasonable and most practicable plan.</p>