Quigley v. Toledo Railways & Light Co.

Citations

• 89 Ohio St. (N.S.) 68

Syllabus

<p>Street railway company receiving franchise — Subject to certain obligations to the public — Cannot evade obligations by lease to another company, zvhen — Such owning company liable for injuries —Section 3443-rf, Revised Statutes.</p> <p>1. A street railway company receives its franchise to operate a street railroad subject to certain well-defined duties to the public. It cannot relieve itself from these obligations by a lease or traffic arrangement by which it permits another company to make joint use of its tracks, except by legislative enactment authorizing such lease or arrangement with an express provision exempting it from liability for the acts of its licensee.</p> <p>2. When such owning company makes an agreement with another company, under authority granted by Section 3443-17, Revised Statutes, for the joint use of its tracks, it is liable for injuries caused by the actionable negligence of its licensee thereon. The statute does not provide exemption from such liability and as against the public it will not be implied.</p>