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SECTION 3365. Proceedings to appropriate joint use of bridge.
FARE AND FREIGHT, 3356. To or from points competing with the
public works. 3367. Tariff of rutes to be published, and how
changed. 3368. Certuin contracts inhibited. 3369. When trunk roads must not discriminate
between other roads. 3370. Must forward freight by line named by
sbipper. 3371. Preceding section may be enforced by in
junetion. 3372. Not to discriminate between way and
through freight. 3373. Nor against points in the state. 3374. Rates of passenger fare prescribed. 337). Rates of freight pre-scribed. 3376. Penalties for violation of two preceding
sections. 3377. When the three preceding sections do not
apply. 3378. Rates of fare and freighton branch roads. 337-a. Certain contracts for 1 of railroa' property
Hot olid against realito; or innocent pills
chazers ir 70corded or copy filled with stro33780. In written contracts forlasing such property,
parties and proriile for ronditional sale of silmr; parties may proride that the property, Bhall remain in the lexor Ortendor until
parrhagi mentre paid. 3378. Scentary of stafi to jill contract; his ferite. 35701. Construing application of foregoing xcctions.
CONSOLIDATION, 3379. When companies whose roads are in the
state may ponsolidate, 23:0. Consolidation of sometic with foreign rail
zody corporglina 3381. Proceedings lo hice such r0nxolidation. 3382. Fileet of the agreement to consolidate. 338. Election of directors of unsolidated company. 3334. Property of the old ('ompanies vests in the 385 Principal office to be established. 3:20. Actions against new company 3357. Taxation of road purtig in this state. 3368. Stockholder refusing to consolidate must
arbitrate 3389. When arbitrators to be appointed by
A judge. 3390. Volice to be given oi application for such
appointment. 3391. Efrect of the agreement of consolidation
As evila 3392. In actions against new company, certain proof dispersed with.
REORGANIZATION. 3333. When proceedings for reorganization may 3394. Meeting of creditors and proceedings 3395. What must be certified to the secretary of
state. 3396. The property and powers of the new com
ganized or riorganized under coreements;
and securities ind i rights of lulders..
provisions applicable to certain other companies. 3400. The property mortgaged may be sold
agreement. 3463. Other creditors may sign the agreement. $404. Rights of those who do not sign. 3105. When the court to make order touching
costs. 3406. Agreement may be between each interest
and the company. 3407. When the road is used by two companies. 3108. When stock or bonds are held in a fiduci
PRIVATE SALES OF ROADS. 3409. When a company may sell its road-bed
etc. 3410. The transfer to be by deed. 3411. Two-thirds in interest of stockholders
JUDICIAL SALES OF ROADS. 3419. How purchaser of railroad may acquire
franchise. 3120. Portuin roads may be sold at judicial sale. 3121. The receiver must petition therefor. 312. Oriler for appraisement of road. 2423. Notice of sile to be published. 3124. Confirmation of sale, alderd. 3125. How process of male ristributed. 3426. Who may pushane ruch prorrty. 31260. Purchazir of railroaul at juicial sale may
soll nume; grant to be recorder? 34261). Railroad company, and manumber of pare
Mons may become purchases; purcluuser's may become incorporatul
RAILROAD) POLICE. 3127. lppointment of railroad polire; their qualifi
mations, term of otice, and ridation of com
mission. 3128. Onth: record of commission ; pours and lia
boilities of such poli 31:29. Power of sen police to enforce regula
tions of rond. and make arrots, 3130. Such police to dear burgas, when. 3131. Compensation of police. 3132. When powers cene. 343). When a passenger conductor is a police
man. 3434. When conductor may eject a passenger. 343). When he may arrest a passenger. 3436. Penaliies against conductors for violation of certain sections,
STREET RAILWAYS. 3137. Wherestrert railways may be constructed. 3138. Who may grant authority to construct same; 3139. Written consent of Orruts of more than one
bolj of feet front norrk. 3110. When property may be appropriated for
such railways 3111. The authority controlling the public road
must consent. 3142. Form of oath in appropriation proceed
ings. 3113. Coincil, etc., inay fix terms and condi
INCLINED PLAST RAILWAYS.
For "an act for the protection of railroad employes" (85 v. 105), see (8516-31) et seq.
For "an act to provide for the improvement and development of railroads owned in common by two or more railroads within this state (80 v. 111), see (8316-33) et seq.
For further legislation on this subject, see the subject of " Railroads," (5516--23) et seq.
Sec, 3270. [May construct and maintain a railroad, etc., and where.] A railroad company now existing or hereafter created may maintain and operate, or construct, maintain, and operate a railroad, with a single or double track, with such side tracks, turnonts, offices, depots, round-houses, machine shops, water tanks, telegraph lines, and other necessary appliances, as it deems necessary, between the points named in the articles of incorporation, commencing at or within, and exteņding to or into any city, village, town, or place named as a terminus of its road. [69 v. 203, % 4; S. & S. 110; S. & C. 275.)
No capacity to engage in the telegraph business generally. Power extends only to such business as is necessary and convenient to the management of the railroad: Railroad Co.r'. Telegraph Co., 38 0. S. 21-31.
As to enforcing contracts ultra rirre: II), 24.
SEC. 3271. [How terminus fixed in certain cases.] When a terminus named in the articles of incorporation is a county upon the line or boundary of the state, the president and directors of the company, upon the location of the road in that county, shall make and acknowledge a certificate definitely fixing the location in such county, and file the same with the secretary of state. [69 v. 163, % 1.]
Where a railroad company changes a terminus of its road from one county into an adjoining county, under the act of 1872 (69 v. 163), the mere fact that the route to the new terminus passes through a third county will not invalidate existing subscriptions to capital stock: Jewett t. Railway Co., 31 O. S. 601.
Sec. 3272. (How line or termini may be changed.] A company may, by a resolution adopted by a majority of its board of directors, at a meeting thereof duly called for the purpose, with the written consent of three-fourths in interest of its stockholders, change the line, or any part thereof, and either of the proposed termini, of its road; but no change shall be made which will involve the abandonment of any part of the road, either partly or completely constructed; and any subscription of stock made upon the faith of the location of such road, or a part thereof, upon any line abandoned by such change, shall be canceled at the written request of the subscriber not having consented thereto, filed with the secretary or other chief officer of the company, within six months after such change. [73 v. 115, % 1.]
A subscriber who expressly stipulates against any change in the line of road, is not required to request in writing the cancellation of his subscription: Railway Co. l'. Fisher, 39 O. 8. 331.
Sec. 3273. [Change to be certified to secretary of state.] When any such change is made, the same shall be described in such resolution, a duly authenticated copy of which, under the seal of the company, shall be filed with the secretary of state, and by him recorded, with proper reference, on the record of the articles of incorporation of the company, and when so filed, such change shall be considered as made, and shall be as valid and binding as if such changed line had been the line originally described in such articles. [73 v. 115,? 2.]
Sec. (3271. [Mortgage covers line as changed.] When any such company has issued its mortgage bonds for the construction of its road, the record of the mor!gage securing the same, in each compty through or into which the changed line of the road passes, shall be as effectual to creată a lien upon the changed line of road, and upon the property of the company, as if such mortgage contained a complete description of such changed line and of such property. [73 v. 115, $ 3.]
Sec. 3275. [When and how route may be changed.] When a company, the line of whose road has not been finally located in whole or in part, finds it necessary, in order to avoid dangerous or difficult curves or grades, or dangerous or unsubstantial grounds or foundations, or for other reasonable cause, to pass through a county not named in the articles of incorporation, or to avoid passing into or through a county named therein, other than a county in which a terminus of the road has been fixed by the articles of incorporation, or in which is located a town or place by or through which the line of such road is to pass, the president and directors of the company, or a majority of them, may, under their hands and seals, make a certificate declaring such necessity, and the cause thereof, and name therein the county or counties through which it may be necessary to pass, or which it may be necessary to avoid, which certificate shall be acknowledged and certified as provided in chapter one of this title, and forwarded to the secretary of etate; and a copy of such certificate, duly certified by the secretary of state, shall be evidence of the facts therein stated; but nothing herein shall be construed to authorize the abandonment of any part of such company's line that has been finally located, or a change of the general route of the line of such road, or the terminal points named in the articles of incorporation. [71 v. 54, 2 1.]
SEC. 3276. [Company liable for damages, and certain siibscriptions canceled. ] When the line of road of any company is, upder the preceding section, diverted from a county named in the articles of incorporation, the company shall be liable in damages, if any be caused by such change or diversion, to any person owning land in such county, and all persons who subscribed to the capital stock of the company on the line of that part of the road so changed shall be released from all obligations to pay their subscriptions; but no action shall be commenced for such damages aiter six months from the filing of such certificate with the secretary of state, and the publication of notice thereof by the company, for four consecutive weeks, in some newspaper printed in such county, or, if no newspaper is printed therein, in some newspaper having general circulation therein, saving the rights of infants, lunatics, and persons imprisoned, for six months after their disability is removed. [71 v. 54, 2 2.]
SEC. 3277. [May change location or grade, when.] For the purpose of avoiding annoyance to public travel, or dangerous or dificult curves or grades, or unsafe or unsubstantial grounds or foundations, or when the road-bed has been injured or destroyed by the current of any river, water-course, or other unavoidable cause, or for other reasonable cause, a company may change the location or grade of any portion of its road, whether heretofore made or hereafter to be made, but shall not depart from the general route prescribed in the articles of incorporation. [63 v. 141, % 11; 62 v. 36, 1 ; 8. & S. 111; S. & S. 116; $. & C. 277.]
Sections 11 and 12 of the act incorporating the Little Miami Railroad Co. do not conier upon the company a right to re-locate their road after completing it upon the first location, and to condemn to the uses of the road private property: Morehead . Little Miami R. R. Co., 170.310; Little Miami
Naylor, 20. S. 236. A railroad company authorized to change the location or its track, on account of " difficulty of construction” and other causes, may do so at any time before the construction of its road is completed at the point where the change is inade. Morehend . Little Miami R R.Co., 170, 340, followed and approved : Atkinson v. Railroad Co., 15 0. S. 21. See Railway Co. 1. Daniels,
16 0. 5. 330. Sec, 3278. [When land may be appropriated to make such change.] For the purpose of making any such change, the company shall have all the rights, powers and
to enter upon and appropriate lands, and make surveys necessary to effect such change, upon the same terms, and subject to the same obligations, rules and regulations as are prescribed by law, except that, when it is necessary to appropriate property for any such change, the appropriation may be had, if the probate court, in the proceedings instituted therefor, find that the proposed change will conduce to the interests of the company and the public, and that the property and rights of those owning real estate along the portion of the road to be affected by the change will not be unreasonably injured thereby; but when the location is changed after the road has been used for transportation of persons and property, the company shall be liable for all damages occasioned by such change to the owner of the land upon which the road was first con
(63 v. 141, 2 11; 62 v. 36, 8, 1; S. & S. 111; S. & S. 116; S. & C. 278.]
R. R. Co.o.
SEC. 3279. [Certain companies may extend road into other states.] Any company organized for the purpose of constructing a railroad to the boundary line of this state, may extend its road into and through any adjoining state, under the regulations which may be prescribed by such adjoining state; and the rights, powers and privileges of such company over such extension, in the construction and use of such road, and in controlling the property and applying the money and assets thereon, shall be the same as if the road were built wholly within this state. [53 v. 143, 29; S. & C. 328.]
Sec. 3280. [May construct branch roads.] A company may construct branches from the main line to towns or places within the limits of any county tbrough or into which its road passes, or to a connection with any railroad which is or may be built within this state, or to any coal or other mine, if, at a meeting of the stockholders called for that purpose, the holders of a majority of the capital stock of the company, by a vote, in person or by proxy, so determine; and upon such determination the president and directors shall make and acknowledge a certificate setting forth the facts, and file the same with the secretary of state. [69 v. 203,2 4.]
A grant of power to a railroad company to locate and construct branches to its main line, does not include anthority to purchase the railrond of another company, constructed under a different charter: Campbell ?. Railroad (0.23 0. 8. 168.
Sec. 3281. May enter upon and appropriate land for certain purposes.] A company may enter upon any land for the purpose of examining and surveying its railroad line, and appropriate so much thereof as may be deemed necessary for its railroad, including necessary side tracks, depots, workshops, round-houses and water stations, material for construction, except timber, a right of way over adjacent lands sufhcient to enable it to construct and repair its road and the right to conduct water by aqueducts, and to make proper drains; but no appropriation of private property to the use of a company shall be made until full compensation therefor is made in money, or secured by deposit of money, to the owner, irrespective of any benefit from any improvement proposed by the company, as prescribed by law. [50 v. 274, ?, 10; S. & C. 277.]
A compensatory, 110t a speculative remuneration is guaranteed by the law for land taken and damages as to remainder of premises: Powers ?. Railway Co., 33 0.8.429.
Where a railroad company enters upon land under color of a proceeding in the probate court to appropriate the same, witbout first making compensation in money, or first seruring it by a deposit of money, and constructs thereon a railroad track, and commences to run its cars along the same, after which, the owner obtains a reversal of the proceeding, and commences an action to recover possession of the land, the mere fact of delay, without proof of knowledge of or acquiescence in the acts of the company, will not estop the owner from maintaining such action: Bothe t'. Dayton & Michigan R. R Co., 37 0)S. 147.
See State ex rel. ?". Railway Co., 37 0. S. 170.
Where s railroad company appropriates more land than is necessary to its use, the land-owner can not be subjected to the occupancy and burden upon such surplus, of another common carrier holding under an attempted grant in perpetuity from the first corporation: Platt v. Penn. Co., 43 O. S. 230. Mellvaine, J., and Johnson, C. J., dissented.
SEC: 3252. [What lands a company may acquire.] Such company may acquire, by purchase or gift, any lands in the vicinity of the line of its road, or through which the same passes, so far as may be deemed convenient or necessary by the company to secure the right of way, or such as may be granted to aid in the construction of the road, and hold or convey the same in such manner as the directors may prescribe, but all such conveyances acquired by gift, to said companies, shall be pull and void, unless said company complete said road on the right of way so conveyed within five years from the time of said conveyance; and all deeds and conveyances made by the company shall be signed by the president, under the seal of the company. [50 v. 274, 215; S. & C. 279.]
A party owning lands entered into an agreement with the company by which it was allowed to enter on the lands and construct the track of its road. It was to pay for the use of the land, upon an estimate to be made by persons selected, within sixty days after such estimate. The agreement provided that, if the payment was not made, the interest which it gave, and the fixtures and works constructed, should become the property of the party, as if the agreement had not been made, and " said company had, without authority, and in its own wrong, entered upon said land, and made
said road through the same;" and the estimate having been made, and the payment not made within the time, an injunction was asked to restrain the company from using the land for its railroad track: Held, that an injunction was properly refused, and that the party should be left to pursue the ordinary legal remedies : Coe v. Railroad Co., 10 0. 8. 372.
The owner of a piece of land agreed in writing to convey it to a railroad company for depot purposes, on condition that the land should be occupied for the western part of the company's depot grounds, and a part of the usual depot buildings erected thereon. It was expected that the eastern part of the depot grounds and buildings would be located across a street adjoining the grounds to be conveyed on the east, but nothing was said in the agreement about the location of such part. The company caused to be erected and maintained on said piece of ground a warehouse for the accommodation of the public in doing business on the road, and constructed thereon facilities for loading and unloading live stock, coal and lumber, but erected the principal depot buildings forty rods east of said piece of land: Held, that the company had complied with the condition of the agreement, and was entitled to hold the land. Railway Co.t', Rose, 24 O. S. 219.
When a railroad company has received from private parties donations of land, subscriptions of stock and payments in money, in consideration that it should locate its road at a particular place, and allow private side-tracks and warehouse privileges in connection therewith, the company will not be permitted to effectuate a change in fact (though not in name) of the line of its road away from such place by getting up a new corporation, and constructing a new road parallel with its old one, under a different charter, and permitting its old line to go to decay, without compensating the parties with whom it contracted. Chapman v. Railroad Co., 60. S. 119.
The measure of damages in such case will be: 1. The par value of plaintiff's stock and unpaid dividends, provided they transfer the stock to the company ; 2. The value of the lots donated by plaintiff to the company, estimated at the date of the location of the road thereon, with interest from the commencement of the action; 3. The diminution in value of plaintiff's warehouse and side-tracks resulting from the change in line; 4. Compensation for the right of way through plain tiff's land from the time the line was changed until the railroad quit-claims the same to hin, and if this deed is not given, then the compensation is to be computed as if the right of way is to be per petual in the company; and in default of payment of such damages by the day named, the company should be enjoined from using the other line till payment: Ib.
The power to purchase land conferred by ? 14 of the act of February 11, 1818 (46 v. 40), is not limited to the acquisition of such lands as may be necessary for operating and maintaining its road; Walsh v. Barton, 21 0. 8. 28.
If, in making a purchase of real estate, the company abuse the power conferred upon it by said section, still, after re-sale and conveyance, the title becomes indefeasible in its vendee: Ib.
A deed purporting to have been executed by the president of a railroad company, under the seal of the corporation, as authorized by ? 15 of the act of May 1, 1852 (50 v. 274), if objected to, can not be given in evidence without proof of its execution: Ib.
May acquire timber-land for the purposes of the road, and then convey good title to the land after timber is off': Overmeyer i'. Williams, 15 0.26.
Deed duly executed by president is presumed to have been done by authority, and the fact that minutes do not show authority will not rebut presumption: C., H. & D. R. R. Co. v. Harter, 26 O. 8. 426.
Noteand mortgage executed, “In witness whereof, the said company have caused their corporate seal to be attached hereto, and signed by their president and attested by their secretary, this January 1, 1867," with the two official signatures and the seal of the company, is properly executed: Hays v. Galion Gas L. & C. Co., 29 0. 8. 330.
The object of ? 3282 is to clothe such corporations with capacity to acquire lands, by purchase or gift, that are convenient or necessary to secure the right of way, or any lands granted to aid in the construction of the road: State ex rel. v. Railway Co., 37 0. S. 170.
Sec. 3283. [How right to occupy road, street, alley, etc., may be acquired.) If it be necessary, in the location of any part of a railroad, to occupy any public road, street, alley, way, or ground of any kind, or any part thereof, the municipal or other corporation, or public officers or authorities, owning or having charge thereof, and the company, may agree upon the manner, terms and conditions upon which the same may be used or occupied; and if the parties be unable to agree thereon, and it be necessary, in the judgment of the directors of such company, to use or occupy such road, street, alley, way, or ground, such company may appropriate so much of the same, as may be necessary for the purposes of its road, in the manner and upon the same terms as is provided for the appropriation of the property of individuals, but every company which lays a track upon any such street, alley, road, or ground, shall be responsible for injuries done thereby to private or public property lying upon or near to such ground, which may be recovered by civil action brought by the owner, before a proper court, at any time within two years from the completion of such track. [54 v. 133,2 12; S. & C. 278.]