Chesapeake & Ohio Railway Co. v. Herzberg

A petition for condemnation was filed by the Chesapeake and Ohio Railway for the acquisition for railroad purposes of certain lands in which defendants have an interest. Pursuant to the petition, three commissioners were appointed by the Saginaw county probate court. Defendants never filed a motion or answer to the petition, although they did participate in a hearing held by the court and commissioners. Following the commissioners’ determination of necessity for condemnation and their fixing of damages, the probate court confirmed their report. Defendants appeal from the order and…