Norfolk & Western Railway Co. v. Columbus, Newark & Zanesville Electric Railway Co.

Counsel having requested that the court give, a speedy decision upon the demurrer to the petition, the court has this day taken up the demurrer and has decided that the same should b.e overruled. The court can not go into any elaborate discussion of the very many questions presented, and indeed some parts of the. opinion itself may be considered obiter, as to which more thorough and mature consideration may still be had.

The agreement for the crossing, made December 16, 1901, between the plaintiff and the Columbus, Buckeye Lake & Newark *290Traction Company, was in writing, although, the same was…