Erie R. Co. v. Ohio Public Service Co‪.‬

The appellee operates a street railway system in the city of Mansfield, Ohio, one of the lines of which formerly ran over the property of the appellant to the very door of its passenger station. A prior unreported case had established the validity and binding effect upon the parties to this litigation of a contract whereby the railroad company, appellant, granted to the street railway company, appellee, "the privilege of maintaining and using its one street railway track and the necessary appurtenances, wires and appliances connected therewith on the station grounds," and the street railway company in consideration thereof agreed to pay the entire cost of maintaining certain grade crossings of the railroad and street railway tracks at other points. Thereupon the street railway company abandoned its use of the station grounds. The present case involves the question whether, in view of such abandonment, the street railway company continues to be obligated to pay the entire cost of maintaining the designated grade crossings.