ERIE R. CO. v. CLEVELAND RY. CO.

No. 4578.

15 F.2d 374 (1926)

ERIE R. CO. v. CLEVELAND RY. CO.

Circuit Court of Appeals, Sixth Circuit.

November 4, 1926.


Attorney(s) appearing for the Case

B. D. Holt, of Cleveland, Ohio (Cook, McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio, on the brief), for plaintiff in error.

Edw. H. Chaney, of Cleveland, Ohio (Squire, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


PER CURIAM.

Defendant in error is a street railway whose tracks cross the tracks of plaintiff in error, a steam railroad, at East Ninety-Third street in the city of Cleveland. The predecessor of the railroad company granted to the predecessor of the railway company the right to construct its tracks across the railroad tracks at that point under a contract by the terms of which the larger part of the cost of maintaining the crossing was placed upon the railway company...

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