Lutman v. Lake Shore & Michigan Southern Railway Co.

Ohio Supreme Court

Lutman v. Lake Shore & Michigan Southern Railway Co.

56 Ohio St. (N.S.) 433

DecidedJune 1, 1897

StatusPublished

This text of 56 Ohio St. (N.S.) 433 (Lutman v. Lake Shore & Michigan Southern Railway Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lutman v. Lake Shore & Michigan Southern Railway Co., 56 Ohio St. (N.S.) 433 (Ohio 1897).

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Opinion

By the Court.

Although lands not benefited by the construction of a ditch are not assessible with any portion of the costs thereof, this suit was prematurely brought, since the trustees had taken no action which contemplated the making of such assessment. And since the trustees did not in their answer assert the right or declare their intention to make such assessment, the judgment against them for costs is erroneous.

Judgment reversed.

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By the Court.

Although lands not benefited by the construction of a ditch are not assessible with any portion of the costs thereof, this suit was prematurely brought, since the trustees had taken no action which contemplated the making of such assessment. And since the trustees did not in their answer assert the right or declare their intention to make such assessment, the judgment against them for costs is erroneous.

Judgment reversed.

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Bluebook (online)

56 Ohio St. (N.S.) 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutman-v-lake-shore-michigan-southern-railway-co-ohio-1897.