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any person or persons injured in person or property [having charge of such car or cars] as aforesaid. 88 O. L. 581.

(§ 3443-8.) Sec. 1. Construction, maintenance and operation of street railroads outside of munici


Companies incorporated under section 3236 of the Revised Statutes of Ohio for such purpose may construct, maintain and operate electric street railroads, or street railroads urging [using] other than animal power as a motive power, for the transportation of passengers, packages, express matter, United States mail, baggage and freight upon the highways in this state outside of municipalities. 91 O. L. 285.

(§ 3443-9.) Sec. 2. Occupancy and use of public highways

All such companies shall have power to occupy and use for their tracks, cars and necessary fixtures and appliances, the public highways outside of cities and villages with the consent of the public authorities in charge of or controlling such highways, and with the written consent of a majority, measured by the front foot of the property holders abutting on each of such highways. gi (. L. 285.

(§ 3443-10.) Sec. 3. Appropriation of private propertyWhen necessary to enter upon and use private property in the construction and operation of such roads, such companies shall have the same power of appropriation that railroad companies have. gi (. L. 255.

(§ 3443-11.) Sec. 4. Leases, purchases and traffic arrange


Such companies shall have power to lease; purchase or make traffic arrangements with any other street railroad company as to so much of its tracks and other property as may be necessary or desirable to enable them to enter or pass through any city or village, upon the same terms and conditions applicable to other street railroads. And any existing street railroad company owning or operating a street railroad shall receive the cars, freight, pack

ages or passengers of any other road, upon the same terms and conditions as they carry for the general public. 91 O. L. 285.

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Such street railroad companies may consolidate on the terms and conditions applicable to the consolidation of railroad companies; provided, however, no increase of fare shall be allowed on any street railroad route by reason of such consolidation. 91. O. L. 285.

(§ 3343-13.) Sec. 6. Regulations and powers

Such companies shall be subject to the same regulations now provided for street railroads, in so far as the same are applicable, and shall have all the powers, in so far as they are applicable, that other street railroad companies have. 91 O. L. 285.

Act is constitutional; such a railroad, not operated by steam, is a street railroad. Deitz v. Traction Co., 4 N. P. 399 (C. P.).

What is a street railroad, discussed. McMaken v. El. St. Ry. Co., 5 N. P. 367 (C. P.). See also Greene v. St. Ry. Co., 43 B. 181.


§3444. Powers of inclined plane railway companies

An inclined plane railway company may construct, operate and maintain an inclined plane railway, for the conveyance of passengers and freight, or either, with such offices, depots, and other buildings, as it may deem necessary, and may establish and maintain a park or pleasure grounds, and for such purpose may acquire and hold real estate. 73 V. 229, § 2.

For rights under certain acts named, see 30 B. 321.

§ 3445. How street crossings to be made

When the part of the railway of such company, which is operated by steam power, crosses a public street or highway, it must pass either over or under such street or highway, and shall be constructed in such manner, and at such distance above or below the same as not to obstruct the ordinary use of such street or highway. 73 V. 229, § 10.

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$3446. Who may file articles of incorporation

The presidents of two or more railroad companies, running railroads to the same city, town or village, may, by the consent and under the direction of their respective boards of directors, file articles of incorporation in the office of the secretary of state, for the purpose of purchasing depot grounds, and locating, constructing, and maintaining a common or union station-house and passenger depot, and a union railroad by two or more tracks connecting the railroads of such companies for business purposes. 65 v. 63, § I.

§ 3447. The articles of incorporation

The articles of incorporation shall specify

1. The name assumed by such company.

2. The names of the companies, and the city, village, or town where such depot and connection tracks are proposed to be constructed.

3. The amount of capital stock necessary to obtain a site, and construct and maintain such depot and tracks.

The articles signed by the presidents in behalf of the companies, with the corporate seals of the companies annexed thereto, shall be forwarded to the secretary of state, who shall record and preserve the same in his office; a copy thereof, duly certified by the secretary of state, shall be evidence of the existence of such company; and thereafter such company may contract and be contracted with, sue and be sued, locate and take releases of right of way and depot grounds, and appropriate so much land as may be necessary for such depot and tracks. 65 v. 63, § 1; S. &

S. 122.

§ 3448. Stock owned in equal proportion-Powers

The companies whose boards of directors authorize the filing of the articles of incorporation, or assent thereto, shall each be

held to own and be liable to pay an equal proportion of the capital stock; and the provisions of section three thousand two hundred and eighty-one shall be applicable to such company. 65 v. 63, § 2; S. & S. 122.

§ 3449. Who to be directors of the company

The president of each company which enters into such arrangement shall, ex officio, be a director in the union company, unless the board of directors of such company appoint some other person as director; all questions which affect pecuniary liabilities and expenditures shall require the concurrence of two-thirds of all the directors; all officers, agents, and employes of the union company shall be appointed by the concurrence of all the members of the board, and may be discharged by any two members thereof; and the board shall keep a record of its proceedings, which shall be open to the inspection of the stockholders and directors of the companies. S. & S. 122.

§ 3450. By-laws, rules, and regulations

The board may pass by-laws, rules, and regulations, not inconsistent with the charters of the companies, for its government, and for the regulation of the depot, depot grounds, and the business thereof, and shall appoint such officers and agents as may be necessary; it shall adopt, and post conspicuously in the passenger house, such rules and regulations as will control the conduct of all runners, solicitors, hackmen, and drivers of vehicles; and the officers and agents of the company shall have the same authority to arrest and bring to justice pickpockets, thieves, and persons who violate the public peace, and persons who violate any such rules and regulations so posted, and persons who commit crimes and misdemeanors while on the depot grounds, as constables have by law in their respective townships. 65 v. 63, § 3; S. & S. 122. Exclusive rights may be given to one hack and buss company affording sufficient accommodations. Snyder v. Union Depot Co., 19 C. C. 368, reversing 7 N. P. 64. See also Moerder v. Fremont, 19 C. C. 394, and State v. Brown, 7 N. P. 133.

§ 3451. Liability of the several companies

The several companies represented by the union company shall be jointly liable to the public, and all persons who contract with the union company, for all contracts made and damages

caused by the union company; and, as between themselves, shall be liable to each other in the proportion of the interest of each in the union property, and for all damages, costs and expenses which arise from the fault or neglect of their respective officers and employes. S. & S. 123.

§ 3452. Certain laws applicable to such companies

All laws for the protection of railroads and their property, and relating to or enforcing the duties and obligations of officers, agents, and employes of railroad companies to the public and to railroad companies, or to either, shall be applicable to the railroad tracks, property, officers, agents, and employes of such union company. S. & S. 123.

(§ 3453.) Sec. 2. Power to borrow money and issue, secure and sell notes or bonds

Any such company shall have power to borrow money for the purpose of raising means to carry out the powers conferred by the act authorizing the incorporation of union depots without reference to the amount of stock of such company, and may issue coupon or other bonds payable to bearer, bearing interest not exceeding the highest contract rate of interest which may be allowable in this state, at the time; such interest to be payable semi-annually, and such company may also mortgage its franchises, property and revenues of every kind, then owned or subsequently to be acquired, to secure the payment of such loan and interest, or of such bonds and interest; and the stockholders of such company may guarantee the payment of any notes or bonds the company lawfully issues, and it may dispose of the same at such rate of premium or discount as the directors may deem best for its interests. 92 O. L. 118.

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