Cleveland & Pittsburgh Railroad v. City of Martins Ferry

Citations

• 92 Ohio St. (N.S.) 157

Syllabus

<p>Constitutional law — Grade-crossing act — Section 8897 et seq., General Code, constitutional — Section 1, Article II, Constitution— Municipal corporations — Appropriation of property — Section 3677, General Code, unrepealed and unmodified — Determination of question of necessity — Itirisdiction of common pleas court — To determine all questions in one proceeding.</p> <p>1. The statute known as the grade-crossing act, Section 8897 et seq., General Code, is not in conflict with Section 1, Article II of the Constitution of Ohio, and, is valid.</p> <p>2. The enactment of that statute did not repeal Section 3677, General Code, nor in anywise modify its requirements; hence the appropriation proceeding therein authorized cannot go forward until it shall have been determined by a court of competent jurisdiction that such appropriation will not unnecessarily interfere with the reasonable use of the property to bq crossed by the proposed street.</p> <p>3. Upon proper pleading by the city, tendering the issue, the court of common pleas may, in the same proceeding, hear and determine all questions arising under Sections 3G77 and 8899, General Code.</p>