Rice v. Norfolk & W. Ry. Co.

Citations

• 153 F. 497
• 15 Ohio F. Dec. 478
• 1907 U.S. App. LEXIS 4422

Syllabus

<p>Railroads — Reorganization—Purchasing Company — Liability.</p> <p>Rev. St. Ohio 1892, § 3300, authorizes any railroad company to purchase any part or all of a railroad constructed or in course of construction by another company, if the lines are continuous or connecting and not competing, and declares that after such purchase the purchasing company shall be vested of all the rights and powers in respect to the location, construction, completion, and operation of such railroad, and shall be subject to all the “duties, obligations and restrictions” of the former company. Held, that a claim for breach of a contract to transport plaintiff’s stone for a specified rate existing against a railroad company, whose line was purchased by defendant, was not an “obligation” which defendant was' bound to perform under such section; defendant never having agreed to assume such liability.</p> <p>[Ed. Note. — For cases in point, see Cent Big. vol. 41, Railroads, §§ 899, 40Ó.]</p>