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CINCINNATI, I. & W. RY. v. CONNERSVILLE

No. 19.

218 U.S. 336 (1910)

31 S.Ct. 93

54 L.Ed. 1060

CINCINNATI, INDIANAPOLIS AND WESTERN RAILWAY COMPANY v. CITY OF CONNERSVILLE.

Supreme Court of United States.

Decided November 28, 1910.

Attorney(s) appearing for the Case

Mr. John B. Elam, with whom Mr. James Fesler, Mr. Harvey J. Elam and Mr. Reuben Conner were on the brief, for plaintiff in error.

Mr. R.N. Elliott, with whom Mr. Hyatt L. Frost, Mr. Charles F. Jones and Mr. David W. McKee were on the brief, for defendant in error.

MR. JUSTICE HARLAN delivered the opinion of the court.

The Common Council of Connersville, Indiana, adopted a resolution declaring that a railway embankment, maintained by the Cincinnati, Indianapolis and Western Railway Company, the plaintiff in error, across Grand Avenue, in that city, obstructed passage between the north and south ends of the avenue; also, that such avenue should, as a matter of public necessity, be opened as a public street through said railroad...

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