East Cleveland (City) v. Cleveland Railway Co.

LEVINE, J.

Epitomized Opinion

In 1918 the city of East Cleveland granted to the Cleveland R. Co. by Ordinance No. 1087 the right to maintain and operate a double track street railroad on Hayden avenue. In 1923 that city by Ordinance No. 1471 granted to the railway company the right to conduct and operate a double track on Superior avenue. Instead of operating a double track on this street, the railway operated a “dinky car service” on one track of this newly constructed double track. The city brought an action to compel defendant to operate its cars in conformity with Ordinance No. 1471- The lower court held for the defendant, whereupon plaintiff prosecuted appeal. In denying the relief prayed for the Court of Appeals held:

1. A court of equity will not affirmatively decree specific performance of a contract requiring continuous acts, neither will it affirmatively decree specific perforihance where the execution of the decree would require supervision of acts of either of the parties extending over a considerable period of time.