|
|
Northern Ohio Traction & Light Co. v. Ohio, 245 U.S. 574 (1918)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Northern Ohio Traction & Light Co. v. Ohio, 245 U.S. 574 (1918)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 245 U.S. 563, click here.
Northern Ohio Traction & Light Company v. Ohio No. 60 Argued October 18, 19, 1917 Decided January 28, 1918 245 U.S. 574
ERROR TO THE SUPREME COURT
OF THE STATE OF OHIO
Syllabus
Where there are no controlling provisions in state constitution or statutes and no prior adjudication by its courts to the contrary, a franchise for an interurban electric railway, granted by the proper state authority without limit as to duration, and in the absence of circumstances showing an intention to give or accept a mere revocable right, is a contract not subject to annulment at the will of the granting authority.
Under the Constitution and statutes of Ohio in 1892, county Commissioners had power to grant franchises over public roads valid for twenty-five years, if not perpetually.
A resolution of county commissioners purporting to revoke an electric railway franchise, and treated by the state court as having that effect, amounts to state action, and, the franchise not being so revocable, such resolution impairs its obligation, and is void.
Upon renew of a judgment erroneously treating a franchise as revocable at the will of a board of county commissioners and upholding the board’s resolution purporting to revoke it, the court is not called upon to determine whether the franchise term has since expired by limitation, or whether the state legislature (which has not acted) may have reserved power to revoke or repeal the franchise.
93 Ohio St. 46 reversed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Northern Ohio Traction & Light Co. v. Ohio, 245 U.S. 574 (1918) in 245 U.S. 574 245 U.S. 575. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ATKP6QPEIEVPJ2G.
MLA: U.S. Supreme Court. "Syllabus." Northern Ohio Traction & Light Co. v. Ohio, 245 U.S. 574 (1918), in 245 U.S. 574, page 245 U.S. 575. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ATKP6QPEIEVPJ2G.
Harvard: U.S. Supreme Court, 'Syllabus' in Northern Ohio Traction & Light Co. v. Ohio, 245 U.S. 574 (1918). cited in 1918, 245 U.S. 574, pp.245 U.S. 575. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ATKP6QPEIEVPJ2G.
|