Hamilton Circuit Court, 1911

Cincinnati Gas, Coke, Coal & Min. Co. v. Baltimore & O. S. W. Ry.

Cincinnati Gas, Coke, Coal & Min. Co. v. Baltimore & O. S. W. Ry.
Hamilton Circuit Court · Decided July 15, 1911 · Jones, Smith, Swing
23 Ohio C.C. Dec. 192; 14 Ohio C.C. (n.s.) 195

Counsel

Pogue é Pogue, Strieker & Johnson, Albert Bettinger, Kramer <& Bettman, Healy, Ferris & McAvoy, Wm. C. McLean and Miller Out&dlt, for plaintiff., Edward Colston, for the Baltimore & Ohio Southwestern Railroad Company., John W. Peck, for the Trustees of the Cincinnati Southern Railway.

Cincinnati Gas, Coke, Coal & Min. Co. v. Baltimore & O. S. W. Ry.

Opinion of the Court

SMITH, P. J.

The court feels that there is no need of further consideration of this cause. We are unanimous that 'no injunction should be granted and that the petition should be dismissed. We are of the opinion, in the first place, that the question presented *194here could and should be presented in the insolvency court. If that is not so, we think there is no exclusive' occupancy of Front street proposed, and that the trustees have full power to proceed as they are proceeding. As to carrying out the contract between the trustees and the Baltimore & Ohio Southwestern Railroad Company, we believe that the power of the trustees is ample; that in occupying Front street by the track of the Southern Railway, the trustees have ample power to move the Baltimore & Ohio track, and further, upon the evidence, the usage proposed is not an interference with the public use of the street as would destroy such use.

Swing and Jones, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.