Park v. Hines

Opinion by

Gawthkop, J.,

This is.an action of trespass for the entering upon the land of plaintiff and removing about fifteen hundred feet of railroad track constructed thereon, and damaging the road bed. The jury returned a verdict for plaintiff for $2,038.50. Motions for a new trial and judgment n. o. v. were overruled and judgment was entered on the verdict. This appeal followed.

The following facts are either admitted or established by the verdict: In 1883 W. A. Park and J. H. Park secured a right of way for the construction of a railroad connecting a certain fire-brick plant owned by them…