Opinion

Cleveland Railway Co. v. Leis

  • 11 Ohio App. 254
  • 30 Ohio C.A. 369
  • 1919 Ohio App. LEXIS 195
Court
Ohio Court of Appeals
Filed
Jul 3, 1919
Status
Published
Author
Dunlap
On the bench
Dunlap, Vickery, Washburn
Cited by
0 cases

The opinion

Dunlap, P. J.,

concurring. I concur in this judgment of reversal because I believe the council of the city of Cleveland was never authorized by the Constitution of Ohio to pass these ordinances. The provision of the constitution, that “municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their - limits such local police, sanitary and other similar regulations, as are not in conflict with general laws/’ does not, in my opinion, authorize the passage of an ordinance which substitutes for well-settled principles of the common law, of wide and universal application, a different rule of conduct, upon the theory that it is an . exercise of local self-government, or is a local police, sanitary or other similar regulation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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