Gratz v. Lake Erie & Western Railroad

Citations

• 76 Ohio St. (N.S.) 230

Syllabus

<p>Farm crossings of railroads — Must be constructed' by railroad, when —Sections 3327 and 3328, Revised Statutes — Right of farm owner to construct same.</p> <p>Although Sections 3327 and 3328, Revised Statutes, requiring a railroad company to construct a farm crossing for the convenience of an owner whose lands lie on both si'des of its road, apply only to cases where lands are in one ownership at the time of the construction of the road,'any owner of land lying upon both sides of the road may construct such crossing at his own expense, it being suitably located and necessary for the reasonably convenient use of his lands, its construction and maintenance to . be without interfering with the company’s paramount right as to the movement of its trains.</p>