Cleveland, C., C. & St. L. Ry. v. Bradford

Citations

• 35 Ohio C.C. Dec. 638
• 30 Ohio C.A. 40

Syllabus

<p>RAILWAYS</p> <p>1. Railways not Compelled to Construct Crossings for Abutting Owners of Land Used for Industrial Purposes.</p> <p>Section 8858 G. C., providing for the construction of private crossings for abutting owners of tracts of fifteen acres or more through which a railway passes, has reference to farm crossings where the two parcels so divided are used in a reciprocal or interdependent way, and not to tracts of land used for industrial purposes.</p> <p>2. Private Crossing Denied as Necessity If Land Accessible to Highway.</p> <p>A private crossing can not be required as a way of necessity, where the tract on either side is accessible to a highway, not as convenient perhaps as the short-cut desired, but affording ample and much safer ingress and egress.</p> <p>3. Presumption that Compensation Was Made Originally When the Tract Was Divided Into Two Parcels.</p> <p>A presumption arises in such a case that the inconvenience arising from the division of a tract into two parcels by the building of the railway was considered and discounted when the right-of-way was acquired.</p>