Louisville Trust Co. v. Cincinnati Inclined Plane Ry. Co.

Not specified in text
Decided Circuit Court, S.D. Ohio, W.D.
Disposition
denied
full scope
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Court
Superior Court of Cincinnati (state court) and Circuit Court, S.D. Ohio, W.D. (federal court)
Decided
Judge
TAFT, Circuit Judge
Posture
Foreclosure suit with receiver operating railway; city filed intervening petition seeking possession of streets
Plaintiff/Complainant (trustee under second mortgage) (1)
Louisville Trust Company
E. A. Ferguson, St. John Boyle, Alex. P. Humphrey
v.
Defendant (mortgagor) (1)
Cincinnati Inclined Plane Railway Company
Thornton M. Hinkle
Other parties: City of Cincinnati — Intervener (seeking possession of streets), W. A. Goodman — Trustee under first mortgage

Overview

The court denied the city's petition for a mandatory injunction but ordered that the receiver must cease operating the invalid portions of the railway upon notice from the city's board of legislation, and surrender possession to the inclined plane company. Each party to bear its own costs. The court emphasized it was not advising violence and would not protect unlawful occupation through receivership.

Case summary

This case involves a dispute over the Cincinnati Inclined Plane Railway Company's right to operate a street railway and inclined plane in certain streets of Cincinnati, Ohio. The company's grants from the city had expired for some streets, as affirmed by both state and federal courts. The Louisville Trust Company, as trustee under a second mortgage, filed a foreclosure suit in federal court, and a receiver was appointed to operate the railway. The city of Cincinnati intervened, seeking an order directing the receiver to cease operation in the invalid streets and restore possession to the city. The court, per Judge Taft, denied the city's request for a mandatory injunction to remove tracks, citing great injury to the company and pending negotiations for renewal of grants. However, the court held that it should not maintain the receiver's possession in a way that prevents the city from pursuing lawful remedies, such as abatement of nuisance. The court ordered that the receiver may continue operation until the city's board of legislation notifies him of intent to treat the occupation as a nuisance, at which point the receiver must cease operation and surrender the property to the company. The decision balances the interests of the mortgagee, the company, and the city's rights to control its streets.

Abstract

A dispute arose over a railway company's operation of a street railway and inclined plane on city streets after its grants expired, as confirmed by courts. A mortgage trustee initiated federal foreclosure, appointing a receiver to operate the railway, prompting the city to seek cessation of operations on invalid streets. The court denied a mandatory injunction to remove tracks due to potential injury and ongoing renewal negotiations but required the receiver to cease operations and surrender possession upon the city's notice of treating the occupation as a nuisance, balancing interests without protecting unlawful use.

Opinion of the court

Majority
opinion
TAFT, Circuit Judge
  • Mandatory injunction denied due to injury and pending negotiations
  • Court will not obstruct city's remedies through receivership
  • Receiver may operate until city's board acts, then must cease and surrender property

Jurisdiction

not challenged
Subject matter
Federal court ancillary jurisdiction over property in receivership, despite parties being citizens of same state (Ohio)
Jurisdictional facts
  • Receiver appointed in federal foreclosure suit took possession of railway property
  • City's rights affected by receiver's possession
  • Court has duty to afford remedies to interested parties

Procedural posture

Posture at trial
Foreclosure suit with receiver operating railway; city filed intervening petition seeking possession of streets
Posture on appeal
Not an appeal; original proceeding in circuit court on city's petition
Preserved issues
  • City's right to seek removal of tracks from streets
  • Receiver's duty to cease unlawful operation
  • Balance of convenience and hardship

Subsequent history

Petition for rehearing
not filed

Legal categories

BusinessEstate Planning and Real Estate

Case record

Full case name
LOUISVILLE TRUST CO. v. CINCINNATI INCLINED PLANE RY. CO. (CITY OF CINCINNATI, Intervener)
Docket number
Not specified in text
Court
Circuit Court, S.D. Ohio, W.D.
Trial court
Superior Court of Cincinnati (state court) and Circuit Court, S.D. Ohio, W.D. (federal court)
Trial court judge
Judge Smith (Superior Court), Judge Taft (Circuit Court)
Decided
Opinion author
TAFT, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
TAFT, Circuit Judge

Issues & holdings

3
Issues raised
2
affirmed
1
reversed
3
Holdings
Standard of review

Abuse of discretion

Disposition rationale

Court denied mandatory injunction due to great injury to company and trust company, and pending negotiations

Preservation

Issue preserved for review

Standard of review

Abuse of discretion

Disposition rationale

Court held it should not obstruct city's potential remedies, even if doubtful, and would remove receiver's obstacle

Preservation

Issue preserved for review

Standard of review

Abuse of discretion

Disposition rationale

Right to condemn is doubtful and involves major portion of line, not justifying continued possession

Preservation

Issue preserved for review

Holdings of the court

City's request for mandatory injunction
Denied
Mandatory injunction would cause great injury; court has discretion to delay or deny based on balance of convenience; pending negotiations justify withholding relief
unanimousbinding precedent
Receiver's possession obstructing city's remedies
Court will not maintain possession to prevent city from pursuing lawful remedies, even if doubtful
Court has ancillary jurisdiction and duty to remove obstacle of receivership; city may pursue abatement or other remedies; risk on city
unanimousbinding precedent
Condition for receiver to cease operation
Receiver may continue operation until city's board of legislation notifies him of intent to abate nuisance; then receiver must cease and surrender property to company
Board of legislation must act to declare nuisance; court should not operate unlawfully; receiver's duty to cease upon notice to avoid violating state law
unanimousbinding precedent

Error analysis

  • City claimed court should immediately order receiver to cease operation due to unlawful occupation — procedural · no error foundCourt found it could treat occupation as temporarily acquiesced until city's board acts · not applicable

Statutory interpretation

2
Statute
Revised Statutes of Ohio, section 2640
Question
City's authority over streets and nuisances
Court's reading
City council (board of legislation in Cincinnati) has care and control of streets, power to declare nuisances
Canons applied
Plain meaning
Statute
Ohio statutes on street railway ordinances (e.g., 1879 ordinance)
Question
Effect on winter construction prohibitions
Court's reading
Ordinances may modify each other; not clear they forbid city from stopping operation
Canons applied
Contextual interpretation

Burden of proof

Prosecution burden
City had burden to show unlawful occupation and entitlement to relief
Burden met
true

Standards of review

  • Granting of mandatory injunction — abuse of discretion Court exercises sound legal discretion in granting injunctions, considering balance of convenience and hardship
  • Receiver's possession and city's remedies — abuse of discretion Court must decide whether to maintain possession in light of ancillary jurisdiction and duty to afford remedies

Timeline

11
Events
9,410
Days, incident to ruling
—
Span
factual event

Cincinnati Inclined Plane Railway Company organized under Ohio law

Company began operations with grants from city

Cincinnati Inclined Plane Railway Company
filing

City of Cincinnati filed suit in Superior Court against company to enjoin operation in certain streets

Initiated litigation over company's rights to use streets

City of Cincinnati · Cincinnati Inclined Plane Railway Company trial court
ruling

Superior Court enjoined company from operating in streets without right, but stayed decree for six months

Outcome: Injunction granted with stay

Established company's lack of rights in certain streets

Judge Smith · Cincinnati Inclined Plane Railway Company · City of Cincinnati trial court
appeal event

Ohio Supreme Court affirmed Superior Court's decision

Outcome: Affirmed

State court ruling became final

Ohio Supreme Court appellate court
filing

Louisville Trust Company filed bill in federal circuit court against city, alleging threat to oust company

Initiated federal litigation to protect mortgage interests

Louisville Trust Company · City of Cincinnati trial court
procedural event

Receiver Brent Arnold appointed in federal foreclosure suit to operate company's railway

Outcome: Receiver appointed

Federal court took possession of railway property

Circuit Court · Brent Arnold trial court
appeal event

Circuit court of appeals affirmed invalidity of grants but allowed amended bill

Outcome: Affirmed in part

Federal appellate decision guided lower court

Circuit Court of Appeals appellate court
ruling

Federal circuit court dismissed Louisville Trust Co.'s suit against city, aligning with state court on invalid grants

Outcome: Dismissed

Federal court affirmed company's lack of rights in certain streets

Circuit Court · Louisville Trust Company · City of Cincinnati trial court
filing

City filed intervening petition in federal foreclosure suit seeking receiver to cease operation in invalid streets

City sought affirmative relief against receiver

City of Cincinnati trial court
procedural event

State court (Superior Court) extended stay of injunction for six months to allow company to negotiate with city

Outcome: Stay extended

Provided time for renewal negotiations

Judge Smith · Cincinnati Inclined Plane Railway Company · City of Cincinnati trial court
ruling

Circuit Court issued order denying city's request for mandatory injunction but allowing receiver to cease operation upon city's notice

Outcome: Order issued as described

Balanced interests of parties and city's rights

TAFT, Circuit Judge trial court

Facts & evidence

Incident

Location
Streets in Cincinnati, Ohio (Main, Court, Walnut, Fifth, Auburn Avenue, Miami, Dorsey, Baltimore, Locust streets)

Key facts

7 facts
  1. Cincinnati Inclined Plane Railway Company operated street railway and inclined plane in Cincinnati streets
  2. Grants from city for some streets had expired
  3. State court (Superior Court) enjoined company from operating in streets without right, but stayed injunction for six months
  4. Louisville Trust Company, as mortgagee, filed federal foreclosure suit; receiver appointed to operate road
  5. Federal courts affirmed state court's finding that company lacked rights in certain streets
  6. City sought order directing receiver to cease operation in invalid streets and restore possession to city
  7. Company applied to city's board of legislation for renewal of grants; negotiations pending

Procedural history

6 steps
  1. 1890: City sued company in state court
  2. 1893: State court granted injunction against invalid operation, stayed for six months
  3. 1894: Ohio Supreme Court affirmed
  4. 1895: Louisville Trust Co. filed federal suit against city and foreclosure suit against company; receiver appointed
  5. 1896: Federal circuit court dismissed suit against city; circuit court of appeals affirmed invalidity of grants but allowed amended bill
  6. Dec 1896: City filed intervening petition in foreclosure suit; state court extended stay of injunction for six months

Evidence in the record

Testimonial
  • Evidence heard in state court on suspension of injunction
  • Averments in petitions and answers
Documentary
  • Grants from city to company
  • Decrees from state and federal courts
  • Ordinances of Cincinnati (e.g., 1876 ordinance on tearing up streets)
  • Resolution of board of legislation
Challenged
  • Evidence type: Company's occupation of streets · Challenge basis: Lack of legal right (expired grants) · Trial court ruling: admitted · Reasoning: Courts found occupation unlawful · Challenged on appeal: false

Objects of relevance

Tracks, poles, wires, bridges, and engine house of inclined plane railway

Policy considerations

  • Balance between protecting mortgage interests and city's control over streets
  • Avoiding public inconvenience from railway disruption
  • Encouraging negotiation over litigation

Authorities

Cited authorities (5)

Felton v. Ackerman, 22 U.S. App. 154, 9 C.C.A. 457, 61 Fed. 225
distinguisheddistinguished
Cited to distinguish case where receiver was ordered to undo wrong; here, removal would cause great injury
Compton v. Jesup, 31 U.S. App. 486, 15 C.C.A. 397, 68 Fed. 263
followedprecedent
Cited for principle that court in receivership has duty to afford remedies to interested parties
Lane v. Capsey [1891] 3 Ch. 411
appliedpersuasive
Cited as analogy where court removed impediment of receiver's possession to allow remedy
Easton, S.E. & W.E.P. Ry. Co. v. City of Easton, 133 Pa. St. 505, 19 Atl. 486
distinguisheddistinguished
Cited by company to argue city cannot oust without court order; distinguished as involving rightful occupation
Asheville St. Ry. Co. v. City of Asheville, 109 N.C. 688, 14 S.E. 316
distinguisheddistinguished
Similar to Easton case; distinguished

Related cases (5)

Felton v. Ackerman, 22 U.S. App. 154, 9 C.C.A. 457, 61 Fed. 225
prior appeal
Distinguished; involved receiver erecting fence under void order, unlike this case
Compton v. Jesup, 31 U.S. App. 486, 15 C.C.A. 397, 68 Fed. 263
prior appeal
Followed; established ancillary jurisdiction and duty of court in receivership
Lane v. Capsey [1891] 3 Ch. 411
persuasive
Cited; court should remove impediment of receiver's possession if remedy is doubtful
Easton, S.E. & W.E.P. Ry. Co. v. City of Easton, 133 Pa. St. 505, 19 Atl. 486
persuasive
Distinguished; involved rightful occupation, unlike this case
Asheville St. Ry. Co. v. City of Asheville, 109 N.C. 688, 14 S.E. 316
persuasive
Distinguished; similar to Easton case

Statutes

  • Revised Statutes of Ohio, section 2640 (city control over streets)
  • Ohio street railway ordinances of 1876 and 1879

Standards & doctrines

  • Balance of convenience and hardship in injunction law
  • Political-process doctrine not directly applied but analogized

Legal principles applied

  • Court's discretion in equitable remedies considers balance of hardship
  • Federal court must not use receivership to violate state law

Notable quotes

“The court always exercises a sound legal discretion in the granting of even a prohibitory injunction, and often declines to make the order, or delays its operation, in view of the balance of conveniency and hardship between the parties.”
TAFT, Circuit Judge — Discussing denial of mandatory injunction
Emphasizes judicial discretion in equitable remedies
“When a court thus takes possession of property by its receiver, it necessarily assumes an obligation to every one interested in it, or affected by its use, either to afford by its own orders every remedy which such person might have to assert his rights had no receiver been appointed, or else to give him leave to pursue such remedy against the receiver as if the receiver were a private person.”
TAFT, Circuit Judge — Explaining court's duty in receivership
Outlines ancillary jurisdiction and protection of third-party rights
Index terms52
Summary terms
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Legal remedies
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Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
denied
Target
City's petition for mandatory injunction to remove tracks and restore streets
Appealed from
City's intervening petition
Context
Court denied mandatory injunction due to great injury and pending negotiations
Scope
full
Action type
ordered
Target
Receiver to cease operation upon city's notice and surrender property to company
Appealed from
Court's own order
Context
Court ordered receiver to stop operating invalid portions if city's board declares nuisance, and surrender property to inclined plane company
Scope
in part
Further instructions
Receiver to file account of receipts and disbursements; each party pays own costs
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