Ohio Public Service Co. v. Ohio ex Rel. Fritz - 274 U.S. 12 (1927)


U.S. Supreme Court

Ohio Public Service Co. v. Ohio ex Rel. Fritz, 274 U.S. 12 (1927)

Ohio Public Service Company v. Ohio ex Rel. Fritz

Nos. 210, 264

Argued March 10, 1927

Decided April 11, 1927

274 U.S. 12

Syllabus

1. Of two writs of error to a state court, the one sued out pending motion for rehearing and the other after rehearing denied, the second may be relied on and the other dismissed. P. 274 U. S. 12.

2. An ordinance of an Ohio village, in 1892, authorizing persons named to use the streets, etc., for the purpose of erecting, maintaining, and operating electric light wire mains and apparatus complete for the distribution of electricity for light, heat, and power granted an assignable franchise for an unlimited time and not subject to termination at the mere will of the grantor. P. 274 U. S. 13.

3. Subsequent legislation of the state destroying the assignability of the franchise would be invalid under the Contract Clause of the federal Constitution. P. 274 U. S. 14.

113 Oh.St. 325 reversed.

Error to a judgment of the Supreme Court of Ohio which affirmed a judgment in quo warranto ousting the public service company from use of the streets in the Village of Orrville under a franchise to transmit and distribute electricity.



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