FRIEDMAN TRANS. & CONST. CO. v. YOUNGSTOWN

No. 38223.

176 Ohio St. 209 (1964)

FRIEDMAN TRANSFER & CONSTRUCTION CO., APPELLANT, v. CITY OF YOUNGSTOWN, APPELLEE.

Supreme Court of Ohio.

Decided May 6, 1964.


Attorney(s) appearing for the Case

Messrs. Traxler & Malkoff and Mr. Dennis Haines, for appellant.

Mr. Russell G. Mock and Mr. P. J. Melillo, directors of law, and Mr. Nicholas Manos, for appellee.


GRIFFITH, J.

On August 23, 1960, The Friedman Transfer & Construction Company conveyed to the state of Ohio, Department of Highways, a perpetual aerial easement for the purpose of constructing and maintaining a structure over the land owned by the appellant, located in the city of Youngstown.

The granting clause in the easement instrument reads as follows:

"That Friedman Transfer and Construction Company, Inc., the grantor, for and in consideration...

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