Toledo Railway & Terminal Co. v. Lima & Toledo Traction Co.

Citations

• 79 Ohio St. (N.S.) 136

Syllabus

<p>Tracks of steam and electric cars may cross, hozo — Act of April 23, 1904 (97 O. L., 548), Sections 3333-1 and 2, Revised Statutes —Junior company carniot choose place of crossing — Costs shall be equitably apportioned — Weight of evidence not considered— Enforcement of interpretation of statute.</p> <p>1. The act of April 23, 1904 (97 O. L, 548, Sections 3333-1 and 2, Revised Statutes), in the cases to which it applies defines the policy of the state to be that the tracks of steam and electric cars may' cross at grade only in cases of necessity.</p> <p>2. The junior company may not defeat the operation of the act by voluntarily choosing a place of crossing at which the grades cannot he separated when there is a practicable place of crossing at which the grades may be separated.</p> <p>3. The act requires that the cost of constructing and the expense of maintaining the crossing defined by the court shall, by its order, be equitably apportioned among the parties interested.</p> <p>4. Although this court will not consider the weight of evidence in such case, it will in a proceeding in error to the circuit court examine the record to see that the order of the circuit court is in accordance with a proper interpretation of the statute.</p>