Indianapolis & Cincinnati R. R. v. Wright

Hanna J.

This case has been here twice before; 13 Inch 213; 18 id, 168. After the latter reversal, an additional paragraph was added to the complaint, by which it was alleged that, in 1852, the plaintiff, being the' owner of the land, &c., conveyed by quit claim to said company a strip of eighty feet wide, through the same, for said road, “ provided said company would make three pits and haul all the.good rail timber on said eighty feet, outside of said space for the use of said pla-intiff; and, also, clear all the timber and brush from off said land';” that the road was constructed upon said…