Ward v. Railway Co.

Decision Date02 July 1915
Docket Number14548
Citation112 N.E. 507,92 Ohio St. 471
PartiesWard Et Al. v. The Cleveland Railway Company
CourtOhio Supreme Court

Real property-Uniform allotment restrictions-Superseded by power of eminent domain-railroad purchases lots-Other lot owners not entitled to injunction, when.

Messrs Westenhaver, Boyd & Brooks, for plaintiffs in error.

Messrs Squire, Sanders & Dempsey, for defendant in error. BY THE COURT.

Plaintiffs in error, owners of certain lots the the Whitehorn Avenue N.E. Allotment in the city of Cleveland, brought an action in the court of common pleas of Cuyahoga county to enjoin the defendant railway company from using its lots in said allotment for street railway purposes and from violating certain restricting covenants in the deeds for the lots particularly the restriction forbidding the use of the property for any purpose other than residence purposes. The court of common pleas sustained a demurrer to the amended petition upon the ground that the same did not contain facts sufficient to constitute a cause of action and, plaintiffs not desiring to plead further, judgment was rendered against them. On appeal to the court of appeals the demurrer was again sustained, the amended petition dismissed and judgment rendered in favor of the defendant.

It...

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