Pittsburgh, Cleveland & Toledo Railroad v. Tod

Citations

• 72 Ohio St. (N.S.) 156

Syllabus

<p>Proceedings of railroad corporation for appropriation of property — Determination of probate judge may be reviewed on error, when — Section 6420, Revised Statutes — Motion for new trial not necessary, when — Time for filing bill of exceptions —Requirement of section 3280, Revised Statutes — Railroad corporation — Condemnation proceedings — Court procedure.■ .</p> <p>1. In proceedings for the appropriation of property by a private corporation the determination of the preliminary questions by the probate, judge, as required by section 6420, Revised Statutes, may be reviewed on error.</p> <p>2. A motion for a new trial, or rehearing, of such preliminary questions is not necessary.</p> <p>3. The time within which a bill of exceptions on such hearing should be taken is to be computed from the day on which said questions are determined, if no motion for a new trial is filed, and if a motion for a new trial is filed from the day the motion for a new trial is overruled.</p> <p>4. The time within which a petition in error must be filed in the court of common pleas is to be computed from the final judgment of the probate court either dismissing the petition or confirming the verdict of the jury.</p> <p>5. If the court of common pleas reverses the judgment of the probate court for error in the determination of either of the preliminary questions it should retain the case and hear and determine such questions de novo.</p> <p>6. The filing with the secretary of state of the certificate required by section 3280, Revised Statutes, is a condition precedent to the right to appropriate property for the construction of a branch railroad.</p>