Quinby v. City of Cleveland

Citations

• 191 F. 68
• 16 Ohio F. Dec. 583
• 1911 U.S. App. LEXIS 5515

Syllabus

<p>1. Municipal Corporations (§ 385*) — Eminent Domain (§ 119*) — Remedy-Abolition op Grade Crossings — Rights op Abutting Owner.</p> <p>Where an ordinance for abolishment of a grade crossing provided for depression of the street two or three feet, and for erection of masonry abutments and steel columns, the abutting property owner’s damages were of two classes; one for change of grade and the other for the erection of structures; for the first he must look to the city; and as to the second his property rights must be purchased or appropriated by the railroad before the work could proceed.</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Dec. Dig. § 385 ; * Eminent Domain, Dec. Dig. § 119.*]</p> <p>2. Constitutional Law (§'251*) — Due Process — Limitation of National Power.</p> <p>The fifth amendment t'o the federal Constitution is a limitation operat- ' ing soleiy on the national government, and cannot be invoked by plaintiff, seeking to enjoin a municipal corporation and a railroad from proceeding under an ordinance abolishing grade crossings on the ground that it is a taking of the plaintiff’s property.</p> <p>[Ed. Note. — For other cases, see Constitutional Law, Cent. Dig. §§ 726-732; Dec. Dig. § 251.*]</p> <p>3. Constitutional Law (§ 292*) — Due Process of Law — Right of, Abutting Owners in Streets.</p> <p>The state courts must finally determine the extent, limitations and the qualifications of an abutting owner’s rights and easements in a street.</p> <p>[Ed. Note. — For other cases, see Constitutional Law, Dec. Dig. § 292.*]</p> <p>4. Eminent Domain (§ 119*) — Additional Burden on Highway — Right of Abutting Owner.</p> <p>Under the laws of Ohio, it would seem that the owner of property, when a street is dedicated to public use, retains a property right in the highway, which is as much property as the lot itself, but that, in dedicating the street, he does so in contemplation of the public uses to which the street' may be put, and that when the