Toledo, B. G. & So. Trac. Co. v. Sterling

Citations

• 19 Ohio C.C. Dec. 227
• 9 Ohio C.C. (n.s.) 200

Syllabus

<p>DAMAGES — LOST INSTRUMENTS — RAILROADS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Parol Evidence of Lost Moving Permit Admissible.</p> <p>A person having lost the permit given to him by the mayor of a village to move a building in the street and proof of such loss having been made, parol evidence is competent to prove the existence and contents of such ' permit, so as to show that the owner was not trespassing in the use which he was making of the street.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Lost Instruments,” §§ 22-27. — >. Ed.]</p> <p>2. Use of Undue Force in Removing Obstructions from Railroad.</p> <p>When railroad tracks are unduly obstructed in moving a building across: them, the company has no right to use undue force in removing such, obstruction and is liable for any damage done by such unlawful act.</p> <p>2. Liability of Person under Arrest for Injuries Done by Others.</p> <p>When a person about to move a building across the tracks of an electric railway is arrested by the railroad company and taken away from the place where the moving is being done, he is not liable for injury done to the wires of the (company by the moving of the building by others after his arrest.</p> <p>4. Requirement of Electric Railway Company, that Building be Moved over its Tracks at Night, Is Reasonable.</p> <p>A requirement by an electric railway company that the moving of a building across its track in the street shall be done in the nighttime, when there is no current on the wires and the company and traveling public cannot be inconvenienced thereby, would be a reasonable requirement, if insisted on by the company.</p> <p>5. Refusal of Owner to Advance Sum Demanded before Moving Building over Tracks, no Justification per se for Resisting Passage.</p> <p>Refusal by the owDer to pay in advance the $10 demanded, after consent to move the building across a railway track and the bringing of the building to the track, did not justify the railway employes in