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City of Columbus v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Ohio Circuit Court
15 Ohio C.D. 663 (1904)


Facts

The City of Columbus, Ohio (the City) (plaintiff) erected an elevated viaduct that ran along portions of the railroad. The City contracted with the Cleveland, Cincinnati, Chicago & St. Louis Railway Company (the Railway) (defendant) to construct “neat and ornamental buildings” on Railway property that would obstruct peoples’ views of the viaduct from cars and trains. After the Railway repeatedly refused to comply the City filed suit seeking specific performance. The trial court granted the Railway’s motion to demurrer the complaint. The City appealed.

Rule of Law

Issue

Holding and Reasoning (Wilson, J.)

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