tracks-Section 8879, General Code — Where two railroads and
a street intersect at grade and the security and convenience of
the public require the elimination of such grade crossing, and
by reason of the intersection of such railroads at the crossing
it is impracticable to eliminate the grade crossing by a vertical
raising of the railroad tracks or a vertical depression of the
street, the court is authorized under Section 8879, General Code,
to adopt a reasonable and practicable plan of grade crossing
elimination, which may require such reasonable lateral diversion
as may be necessary to accomplish the purpose of the statute.
Sandusky v. B. & O. Rd. Co., 225.
2. Grade-crossing elimination-Inability to agree upon plan-
Submission of plans and modification by municipality or rail-
road-Section 8879, General Code-Upon the failure of a
municipality and a railroad company or companies to agree upon
a plan of grade crossing elimination, and upon the filing of a
petition in the court of common pleas by the municipality or
the railroad company or companies, each party is entitled to
present to the court plans and modifications thereof, and the
court is authorized to adopt the most reasonable and most
practicable plan. Ib.
Abutting property owners - Interurban right of
way from county commissioners - Perpetual lease by grantee
- Lessee not owner "in fee," etc. Section 1209, General Code
(102 O. L., 343). See Dayton Elec. Ry. Co. v. Scott, 13.
Embankment obstructs surface water- Injunction and damages
- Jurisdiction to order nuisance abated. See Erie Rd. Co. v.
Garman, 516.
Exercise of due care- Public highways-Use by public and
grantee of franchise - Reciprocal rights, duties and obligations.
See Fairchild v. L. S. Elec. Ry. Co., 261.
Interurbans Abandonment of service-Public utilities com-
mission - Order not unreasonable or unlawful. See Tobey v.
Pub. Util. Comm., 538.
Public utilities commission-Jurisdiction-Complaint against
rates "Overcharge" and "unlawful rate" defined Sections
579 and 8988, General Code - Concurrent remedies - Published
tariff schedules unlawful, when - Long and short haul rates—
Constitutional law. See C., C., C. & St. L. Ry. Co. v. Mills
Bros., 173.
Public utilities commission - Validity of order - Reducing freight
rate-Lesser rate as aid to increase business Rights and
duties of common carriers. See M. & V. Rd. Co. v. Pub. Util.
Comm., 29.
Street and interurban - Municipal corporations - Street improve-
ments Bond issues - Renewal or replacement of tracks, etc.
-Sections 3812-2 and 3812-3, General Code (108 O. L., pt. 1,
215) Lending public credit to private corporations-Consti-
tutional law. See Cincinnati v. Harth, 344.
Oral contract superseded by schedule, when —
Public utilities commission-Jurisdiction-No discrimination,
when. See Coss v. Pub. Util. Comm., 528.
Gas - Municipal corporations -Abrogation or modification before
expiration - Ordinance increasing rate valid, when― Mutuality
of contracts - Specific performance - Right of taxpayer to sue.
See Phelps v. Gas & Fuel Co., 144.
Public utilities commission-Refusal to restore schedule - Re-
jected after complaint and municipal rate-ordinance filed - Ap-
peal to commission from rate-ordinance-Failure to prosecute
error to supreme court-Section 544, General Code - Man-
damus. See State, ex rel., v. Pub. Util. Comm., 313.
Railroads Public utilities commission - Complaint against rates
-"Overcharge" and "unlawful rate" defined - Sections 579
and 8988, General Code - Concurrent remedies-Published
tariff schedules unlawful, when-Long and short haul rates
Constitutional law. See C., C., C. & St. L. Ry. Co. v. Mills
Bros., 173.
Railroads Validity of order - Freight rates - Reducing railroad
freight rate― Public utilities commission-Lesser rate as aid
to increase business — Rights and duties of common carriers.
See M. & V. Rd. Co. v. Pub. Util. Comm., 29.
Steam heat-Public utilities commission-Order not unjust and
unreasonable. See City of Lima v. Pub. Util. Comm., 537.
Deeds - Covenants - Building restriction-"One house only”
clause-Four-story apartment prohibited, when - Construction
of contracts - Extrinsic aids to interpretation. See Arnoff v.
Chase, 331.
Real Property - Registration.
REAL PROPERTY - Continued.
Fire insurance Insured's title only leasehold-Fee simple policy
issued Knowledge of agent imputed to company, when. See
Foster v. Ins. Co., 180.
Foreclosure of mortgage-Final distribution of proceeds —
Rights of prior purchaser and holder of tax title. See Bruck
v. Building Assn. Co., 513.
Liens Mortgage for future advances - Priority over subsequent
Record as notice of lien. See Kuhn v. Loan &
Party walls-Parol agreement to construct-Action for one-half
of cost- Statute of frauds inapplicable, when. See Holmes v.
Snyder, 19.
Fire insurance-Insured's title-Change of possession-Re-
ceiver in lease-forfeiture suit. See Foster v. Ins. Co., 180.
Errors assigned for review-Court of appeals - Jurisdiction-
Reversal on weight of evidence- Trial court grants new trial
- Refuses same after retrial-Section 11577, General Code.
See Cleveland Ry. Co. v. Trendel, 316.
Notice of lien-Mortgage for future advances - Priority over
subsequent mortgage. See Kuhn v. Loan & Trust Co., 34.
Probate court to journalize decision-Granting application to set
aside execution — Mandamus - Property seized by writ of at-
tachment- Issued by common pleas court. See State, ex rel.,
v. Lueders, 256.
REGISTRAR OF AUTOMOBILES-
Civil service - Classified and unclassified service-Section 486-8,
General Code-Cashier in state automobile department-Com-
petitive examination - Facts warranting exemption. See
State, ex rel. Bryson, v. Smith, 203.
Elections-Statement of age in years, etc.—Section 4906, Gen-
eral Code-Constitutional law. See State, ex rel., v. Hillen-
brand, 370.
Supreme court-Former judgment adhered to. See Fred R.
Jones Co. v. Fath, 534.
Workmen's compensation — Award denied claimant - Application
for rehearing filed after thirty days — Appeal does not lie, when
-Rules of industrial commission. See Industrial Comm. v.
Glenn, 454.
Foreign corporation — License to contract casualty and bonding
insurance Reinsurance of indemnity contracts prohibited,
when Reinsurance contracts executed in foreign state.
State, ex rel., v. Tomlinson, 459.
Habeas corpus - Contempt - Commitment by notary public —
Depositions. See Koppel v. Bader, 511; Ex parte Berger, 512.
Injunction - Bond issue for site and schoolhouse - Submission
of question to electors - Proposition submitted included au-
thorized and unauthorized purposes. See Allard v. Board of
Education, 469.
Injunction and damages- Jurisdiction to order nuisance abated
- Railroad embankment obstructs surface water. See Erie Rd.
Co. v. Garman, 516.
Injunction Issuance of execution - Remedy of aggrieved party.
See State, ex rel., v. Lueders, 211.
Injunction - Schools Creation of new district-Officers of
newly-created district. See Meckley v. Kunzie, 494.
Mandamus - Board of elections - Candidate's name to be certi-
fied, when. See State, ex rel., v. Smith, 358.
Mandamus - Board of elections - Recount of ballots - Primary
nominations - Protest against candidate-Section 5090-1, Gen-
eral Code (106 O. L., 209) - Contest of election. See State,
ex rel., v. Russell, 365.
Mandamus Board of elections - Rescission of action - Contest
of nomination - Statutory provisions exclusive, when Writ
will not lie, when. See State, ex rel., v. McDonough, 363.
Mandamus Civil service commission-
ploye - Refusal by commission to
Superintendent and matron of county
Appeal by removed em-
entertain proceeding-
home — Continuing juris-
diction of applicants and eligible list. See State, ex rel., v.
Commissioners, 336.
Mandamus - Judgments — Vacation and modification during
term- Jurisdiction of common pleas court. See State, ex rel.,
v. Wesselmann, 525.
Mandamus-Probate court-Appointment of administrator de
bonis non — Administration of bequest of corporate stock-
Indebtedness of legatee to estate. See State, ex rel., v. Lueders,
259.
Mandamus - Probate court to journalize decision-Granting ap-
plication to set aside execution - Property seized by writ of at-
tachment Issued by common pleas court. See State, ex rel.,
v. Lueders, 256.
Mandamus - Public utilities commission-Refusal to restore
schedule — Rejected after complaint and municipal rate-ordi-
nance filed - Appeal to commission from rate-ordinance
Failure to prosecute error to supreme court-Section 544, Gen-
eral Code. See State, ex rel., v. Pub. Util. Comm., 313.
Quo warranto or mandamus — Office and officer - Title by certifi-
Icate of election Contest proceedings - Pleading. See State,
ex rel., v. Babst, 281.
Specific performance - Enforcement of gas-rate ordinance-
Taxpayer cannot maintain suit, when. See Phelps v. Gas &
Fuel Co., 144.
Writ of prohibition — Probate court-
Personal judgment against
legatee Issuance of execution - Remedy of aggrieved party.
See State, ex rel., v. Lueders, 211.
Schools Creation of new district by county board - Section
4736, General Code. See State, ex rel., v. Howard, 532.
Statutes - Pending proceedings affected, how Section 26, Gen-
eral Code Act of February 20, 1920 (108 O. L., pt. 2, 1188) –
Increasing interest rate of road bonds. See State, ex rel., v.
Zangerle, Auditor, 235.
Statutes Repeals by implication Act creating industrial com-
mission and superseding board of awards-Section 871-1 et
seq., General Code (103 O. L., 95) — Division of workshops
and factories - Inspection of schoolhouses
Section 1031, Gen-
eral Code. See Kinsinger v. Bd. of Education, 298.
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