State ex rel. McGhee v. Black Diamond Co.

Citations

• 97 Ohio St. (N.S.) 24

Syllabus

<p>Railroads — Purchaser at judicial sale — Common carrier — Operation for private purpose — Rights of general public.</p> <p>Where a railroad company organized under -the laws of the state, with authority to exercise the sovereign power of the state, has constructed and operated as a common carrier a line of railroad, portions of which are along and across public highways, or other railroads, such railroad becomes impressed with a public interest. A purchaser thereof, either at judicial sale or otherwise, has no right to operate it for its own private purpose or the purposes of those with whom it may privately contract, to the exclusion of the public.</p>