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Y. M. RY. CO. v. YOUNGSTOWN

No. 32202.

154 Ohio St. 311 (1950)

THE YOUNGSTOWN MUNICIPAL RY. CO., APPELLEE, v. CITY OF YOUNGSTOWN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 6, 1950.

Attorney(s) appearing for the Case

Messrs. Harrington, Huxley & Smith, for appellee.

Mr. H. H. Hunt, director of law, and Mr. IsraelFreeman, for appellants.

BY THE COURT.

The council of the city of Youngstown enacted an ordinance levying an annual excise tax of three per cent on the gross revenue derived from the operation of trackless trolley coaches upon the streets of the city, "for the purpose of contributing to the cost of maintaining and repairing the streets traversed by such coaches."

The Youngstown Municipal Railway Company, a corporation operating a system...

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