POWERS.

§ 3270. May construct and maintain a railroad, etc.,

where

and

A railroad company, now existing or hereafter created, may maintain and operate, or construct, maintain and operate, a railroad, with a single or double track, with such sidetracks, turnouts, offices, depots, roundhouses, machine shops, water tanks, telegraph lines, and other necessary appliances, as it deems necessary, between the points named in the articles of incorporation, commencing at or within, and extending to or into, any city, village, town, or place named as a terminus of its road. 69 v. 203, § 4.

Corporation is liable like individual for wrongful acts of employes or independent contractor; but corporation is not liable for injury resulting from doing work, where it retained no control over the mode and manner of doing such work. Hughes v. Ry. Co., 39 Ohio St. 461.

Where a donation is made of money to a railway company, payable "at any time within two years," that said line may be constructed and operated between given points, "provided the depot at C. is permanently located not farther east than the center of C.," such location of depot is a condition precedent to the right to collect the donation. Elder v. Ry. Co., 1 C. C. 256.

In action for injury by fire caused by sparks from locomotive; Held, company must use best appliances in common use and keep them in good order; not sufficient if in good order when inspected before starting. R. R. Co. v. Fredenbur, 3 C. C. 23; affirmed in 23 B. 434.

A railroad company organized under laws of Ohio has no power to purchase the entire capital stock of mining corporation, and its contract for such purchase is void; the use of its funds arising from sale of its mortgage bonds for such purpose is unlawful; and the fact that the directors owned all the capital stock is immaterial. Railroad Co. v. Burke, 19 B. 27.

§ 3271. How terminus fixed in certain cases

When a terminus named in the articles of incorporation is a county upon the line or boundary of the state, the president and directors of the company, upon the location of the road in that county, shall make and acknowledge a certificate definitely fixing the location in such county, and file the same with the secretary of state. 69 v. 163, § 1.

What amounts to a location of a road. Columbus Terminal, etc., Tol. & Ohio, etc., Co., 32 B. 186 (C. P.)

Co. v.

§ 3272. How line or termini may be changed

A company may, by a resolution adopted by a majority of its board of directors, at a meeting thereof duly called for the purpose, with the written consent of three-fourths in interest of its stockholders, change the line, or any part thereof, and either of the proposed termini, of its road; but no change shall be made which will involve the abandonment of any part of the road, either partly or completely constructed; and any subscription of stock made upon the faith of the location of such road, or a part thereof, upon any line abandoned by such change, shall be canceled at the written request of the subscriber not having consented thereto, filed with the secretary or other chief officer of the company within six months after such change. 73 v. 115, SI.

Where a subscription was made on an express condition that the road run as specified, a written request for cancellation is not necessary when the line is changed. Ry. Co. v. Fisher, 39 Ohio St. 331.

§ 3273. Change to be certified to secretary of state

When any such change is made, the same shall be described in such resolution, a duly-authenticated copy of which, under the seal of the company, shall be filed with the secretary of state, and by him recorded, with proper reference, on the record of the articles of incorporation of the company, and when so filed, such change shall be considered as made, and shall be as valid and Linding as if such changed line had been the line originally described in such articles. 73 v. 115, § 2.

$ 3274. Mortgage covers line as changed

When any such company has issued its mortgage bonds for the construction of its road, the record of the mortgage securing the same, in each county through or into which the changed line of the road passes, shall be as effectual to create a lien upon the changed line of road, and upon the property of the company, as if such mortgage contained a complete description of such changed line and of such property. 73 v. 115, § 3.

$3275. When and how route may be changed

When a company, the line of whose road has not been finally located in whole or in part, finds it necessary, in order to avoid dangerous or difficult curves or grades, or dangerous or unsub

stantial grounds or foundations, or for other reasonable cause, to pass through a county not named in the articles of incorporation, or to avoid passing into or through a county named therein, other than a county in which a terminus of the road has been fixed by the articles of incorporation, or in which is located a town or place by or through which the line of such road is to pass, the president and directors of the company, or a majority of them, may, under their hands and seals, make a certificate declaring such necessity, and the cause thereof, and name therein the county, or counties, through which it may be necessary to pass, or which it may be necessary to avoid, which certificate shall be acknowledged and certified, as provided in chapter one of this title, and forwarded to the secretary of state; and a copy of such certificate, duly certified by the secretary of state, shall be evidence of the facts therein stated; but nothing herein shall be construed to authorize the abandonment of any part of such company's line that has been finally located, or a change of the general route of the line of such road, or the terminal points named in the articles of incorporation. 71 v. 54, § I.

Agreement for location of route of railroad at a particular intermediate place is not per se void as against public policy. R. R. Co. v. Ralston, 41 Ohio St. 573.

§ 3276. Company liable for damages, and certain subscriptions canceled

When the line of road of any company is, under the preceding section, diverted from a county named in the articles of incorporation, the company shall be liable in damages, if any be caused by such change or diversion, to any person owning land in such county, and all persons who subscribed to the capital stock of the company on the line of that part of the road so changed shall be released from all obligations to pay their subscriptions; but no action shall be commenced for such damages after six months from the filing of such certificate with the secretary of state, and the publication of notice thereof by the company, for four consecutive weeks, in some newspaper printed in such county, or, if no newspaper is printed therein, in some newspaper having general circulation therein, saving the rights of infants, lunatics, and persons imprisoned, for six months after their disability is removed. 71 V. 54, $2.

A change by which the line is made to run through an additional county does not release subscribers. Armstrong v. Karshner, 47 Ohio St. 276.

$3277. May change location or grade, when

For the purpose of avoiding annoyance to public travel, or dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or when the road-bed has been injured or destroyed by the current of any river, watercourse, or other unavoidable cause, or for other reasonable cause, a company may change the location or grade of any portion of its road, whether heretofore made or hereafter to made, but shall not depart from the general route prescribed in the articles of incorporation. 63 v. 141, § 11; 62 v. 36, § 1; S. & S. 111 and

116.

As to when route cannot be changed when once located, see R. R. Co. v. Naylor, 2 Ohio St. 236, and Atkinson v. R. R. Co., 15 Ohio St. 21.

When additional land may be appropriated. R. R. Co. v. Daniels, 16 Ohio St. 390.

§ 3278. When land may be appropriated to make such

change

For the purpose of making any such change, the company shall have all the rights, powers and privileges to enter upon and appropriate lands, and make surveys necessary to effect such change, upon the same terms, and subject to the same obligations, rules and regulations, as are prescribed by law, except that, when it is necessary to appropriate property for any such change, the appropriation may be had, if the probate court, in the proceedings instituted therefor, find that the proposed change will conduce to the interests of the company and the public, and that the property and rights of those owning real estate along the portion of the road to be affected by the change will not be unreasonably injured thereby; but when the location is changed after the road has been used for transportation of persons and property, the company shall be liable for all damages occasioned by such change to the owner of the land upon which the road was first constructed. 63 v. 141, § 11; 62 v. 36, § 1;

S. & S. III and 116.

A railroad company cannot be compelled to appropriate more land than the petition asks for, by a motion filed in a pending case. Questions of measure of damages also discussed. Schaeble v. L. S. & M. S. Ry. Co., 10 C. C. 334.