Lake Erie & Western Railway Co. v. Michener

Mitchell, J. —

This proceeding was instituted by James B. Michener and others against the Lake Erie and Western Railway Company, to enjoin the company from entering upon a strip of land adjacent to its track, alleged to belong to the plaintiffs.

It was averred in the complaint that the railroad company’s right of way constituted the west boundary of the plaintiff’s land, and that the company was entering upon, making excavations, and laying tracks and switches from its railroad along and over the land owned by plaintiffs, without their consent, and without having taken any proceedings to…