State ex rel. Krichbaum v. Northern Ohio Trac. & L. Co.

Citations

• 24 Ohio C.C. Dec. 262
• 15 Ohio C.C. (n.s.) 577

Syllabus

<p>CORPORATIONS — PLEADING—STREET RAILWAYS.</p> <p>1. Assignment of Interurban Railway Franchise not Defeated by Omission of Words of Transfer in Grant.</p> <p>A resolution adopted by a board of county commissioners, granting to the person nam'ed therein the right to locate, construct, maintain and operate an electric railway along a public highway, is not any the less a continuing contract because of the omission of terms in the grant which authorize a transfer to others of the rights therein granted; but the covenant in such a case must be regarded as a grant which runs with the land or subject-matter cf the contract, and the addition of the word “assignee” or “assigns” is not necessary to make the covenant effective to all persons to whom the property or rights may pass.</p> <p>2. Valid Interurban Railway Franchise without Time Limit Irrevocable after Rights Vested.</p> <p>When a franchise or contract rights have been granted by an exercise of power duly conferred and such rights have become vested, no amendment or alteration of the charter or contract can take away the property cr rights so vesting; and where the grant is without a time limit, and there are no« limitations upon the powers of the commissioners making the grant, the rights so conferred are not a mere grant at will, hut are indeterminate or perpetual, and can not be terminated by the commissioners, nor can such rights always be revoked by the general assembly.</p> <p>'3. Excessive Rates of Fare of Interurban Railway Exclusively in Public Service Commission not County Commissioners Granting Franchise.</p> <p>Where there is no complaint against a company, occupying a public highway with an electric railway line, of omission to do any act stipulated to be done or violation of any of the privileges granted, and the only allegation upon which it is sought to revoke the grant is the 'charging of excessive rates of fare, the relators have no- standing in court, but must seek relief before the state railro