Shaw v. Monongahela Railway Co.

Hatoher, Judge:

This is an action of trespass on the case brought in the circuit court of Marion County in 1919 for damages to a vacant lot in the city of Fairmont. A demurrer to the amended declaration was sustained by the lower court in Jan. 1925. The court then certified here the question of the sufficiency of the amended declaration.

The case as pleaded is as follows. In 1914 the lot in question was owned jointly by Harry Shaw, E. C. Martin, Lora M. Robinson, Lizzie M. Robinson, and Lucy O. Powell. In 1915 the defendant built a bridge along a street in front of, and across another street…