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BOARD OF COM'RS v. DAVIS

No. 4242.

7 F.2d 33 (1925)

BOARD OF COM'RS OF FRANKLIN COUNTY, OHIO, v. DAVIS, Director General of Railroads.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1925.

Attorney(s) appearing for the Case

Joseph A. Godown, of Columbus, Ohio (John R. King, of Columbus, Ohio, on the brief), for plaintiff in error.

John F. Wilson, of Columbus, Ohio (Wilson & Rector, of Columbus, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DONAHUE, Circuit Judge (after stating the facts as above).

Sections 8863 to 8871, inclusive, of the General Code of Ohio, confer plenary power upon the board of county commissioners to eliminate grade crossings where railroads cross public highways at grade outside of municipalities. The only limitation upon this power is that the county shall not be required to pay more than 35 per cent. of the total cost of the improvement. These sections of the Ohio statute do...

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