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CLEVELAND & PITTSBURGH R.R. v. CLEVELAND

No. 95.

235 U.S. 50 (1914)

35 S.Ct. 21

59 L.Ed. 127

CLEVELAND AND PITTSBURGH RAILROAD COMPANY v. CITY OF CLEVELAND, OHIO.

Supreme Court of United States.

Motion to dismiss or affirm submitted October 13, 1914.

Attorney(s) appearing for the Case

Mr. Newton D. Baker and Mr. John N. Stockwell for defendant in error in support of the motion.

Mr. William B. Sanders and Mr. Harold T. Clark for plaintiffs in error in opposition to the motion.

Memorandum opinion by MR. JUSTICE DAY, by direction of the court.

The original action was brought by the city of Cleveland, Ohio, to oust the railroad companies, now plaintiffs in error, from the exclusive possession of Bath Street, in that city. A number of defenses were set up by the railroad companies, but we are concerned only with the alleged deprivation of Federal right, resulting from the decision of the state court...

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