Cincinnati, Wilmington and Zanesville Railroad v. Iliff
Ohio Supreme Court
ERROR to tbe district court of Perry county. The original action was brought by Iliff against the raiL road company in the court of common pleas of Perry county. The petition contains two counts.
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ERROR to tbe district court of Perry county. The original action was brought by Iliff against the raiL road company in the court of common pleas of Perry county. The petition contains two counts. In the first count, Iliff states that, about the 1st of April, 1853, the railroad company, by its agents, entered upon his lands for the purpose of constructing its railroad, and threw down the fences, and exposed about one hundred acres of his tillable and meadow land to the trespass of cattle and other trespassing animals, and that said company continued, until about the 1st of November, 1853, to…
1Opinion of the CourtBriNKErhorr, J.
To give a construction to and to declare-the legal effect of contracts introduced in evidence to a jury, is undoubtedly the proper function of the court;-and it is the duty of the court, before whom the case is tried, so to do, if requested. But under the circumstances disclosed in the bill of exceptions, the failure of the court below to do so in this case involves no error. It would seem that by the voluntary acts, and actual or tacit consent of counsel on both sides,, the contract between the railroad company and Chamberlain for the construction of the road, was formally offered and…
2Cases cited1 opinion
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
3Cited by19 opinions
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
- Dixon v. Bristol Savings BankSupreme Court of Georgia · 1897
- Lyttle v. CozadWest Virginia Supreme Court · 1882
- Squire v. BrancifortiOhio Supreme Court · 1936
- Ashford v. PrewittSupreme Court of Alabama · 1893
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