Lima & Tol. Trac. Co. v. Toledo Ry. & Term. Co.

Citations

• 20 Ohio C.C. Dec. 355
• 11 Ohio C.C. (n.s.) 17

Syllabus

<p>RAILROADS — STREET RAILWAYS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Determination of Manner of Crossings by Courts.</p> <p>Laning 5298 (B. 3333-1) which provides for the, determination, by the courts, of the mode and manner of one railroad or street railway’s crossing another, and the apportionment of the cost of the construction thereof, applies to all crossings, whether at grade or over or under grade, where the companies affected cannot agree between themselves as to the mode and manner and the division of the expense of the said crossings.</p> <p>2. Cost of Crossing to be Borne Equally by Both Companies.</p> <p>An established and operating railroad, by reason of its having come upon the ground first, acquires no proprietary rights affecting a division of the cost of a crossing superior to those of a later company seeking a crossing of the former; and where the crossing will be equally serviceable to both companies, the expense thereof should be equally divided between the two companies, and this even though the crossing will be of no special benefit to the old company.</p> <p>[For other cases in point, see 7 Cyc. Dig.,- “Railroads,” §§ 319-326; “Street Railways,” §§ 331-344. — Ed.]</p> <p>[Syllabus approved by the court.]</p>