Isom v. Low Fare Ry.

Citations

• 19 Ohio C.C. Dec. 583

Syllabus

<p>MUNICIPAL CORPORATIONS — STREET RAILWAYS.</p> <p>Wilson, Donahue and Wildman, JJ.</p> <p>(Sitting in place of the judges of the eighth circuit.)</p> <p>1- Constitutionality of Act Requiring Consents for Construction of Street Railways.</p> <p>The necessity of obtaining the consent of a majority of abutting property owners as a prerequisite to the construction and operation of a street railway in a public street, as is provided for by Rev. Stat. 2505 (Lan. 3770; B. 1536-188) and Lan. Rev. Stat. 3765 (B. 1536-189), is not a special privilege or property right, conferred on such property owners, inconsistent with the rule that abutting owners have no rights in a street superior to those of the general public; and such section is not uncon-v stitutional as class legislation.</p> <p>2. Necessity of Consent of Abutting Owner to Street Railway.</p> <p>A franchise granting the right to operate a street railway upon a certain street having expired, a new company seeking to construct and operate upon the same street must first obtain the consent of a majority of the abutting property owners thereon. The former use of the street for street railway purposes does not relieve the second company from the necessity of securing the consents.</p> <p>[For other cases in point, see 7 Cyc. Dig, “Street Railways,” §§ 194-224.— Ed.]</p> <p>3. Who may Construct Line under a Franchise Grant.</p> <p>A company, having the grant of right and consent of abutters to construct and operate a street railway in a public street, may transfer and assign its franchise and interests in such street; but a stranger to the franchise cannot, by reason of a grant from the council to operate over this same street, construct its line under the consents granted to the first company 'On the ground that the same does not place additional burdens on the abutting property.</p> <p>4. When a Company may Construct Line under Another Franchise.</p> <p>Whether a street railway company having the right, by reason of i