Lane v. Kennedy
Ohio Supreme Court
Error to tbe district court of Butler county. This action was originally brought by Lane, in 1852, in the court of common pleas of Butler county, and thence appealed to the district court; and therein, at the May term, 1857, the case tried to a jury, and resulted in a verdict for the defendants. The form of the action was trespass, the declaration being' under the old form of pleading.
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Error to tbe district court of Butler county. This action was originally brought by Lane, in 1852, in the court of common pleas of Butler county, and thence appealed to the district court; and therein, at the May term, 1857, the case tried to a jury, and resulted in a verdict for the defendants. The form of the action was trespass, the declaration being' under the old form of pleading. The plea was the general issue with a notice that the defendant, James A. Kennedy, was acting as supervisor for road district No. 1, in Oxford township, Butler county; and that it became his duty to open all…
1Opinion of the CourtPeck, J.
The part of the charge which is excepted to, assumes that the street encroached upon, was regularly laid .out, marked and established many years since four rods wide, which was much wider than the public travel then required, but that so much of said street, throughout its entire ’ength, as was then required, had been used by the public •from that time up to the period when the plaintiff’s fence was removed by the supervisor, and that the plaintiff having become the owner of lands adjoining said street, extended 'his fence so as to inclose, with his other lands, ground within the lines of…
2Cases cited3 opinions
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- Lessee of Cincinnati v. First Presbyterian ChurchOhio Supreme Court · 1838
3Cited by48 opinions
- Grace v. KochOhio Supreme Court · 1998
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Quinn v. BaageSupreme Court of Iowa · 1907
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Brooks v. RidingIndiana Supreme Court · 1874
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