Mercer v. M'Williams
Ohio Supreme Court
Trespass, quare clausum fregit. Pleas — 1. Severally for each defendant, not guilty. 2. As to M’Williams, that he was a supervisor of roads, and, as such, did the act complained of as a trespass. On this issue was joined. As to Bethel, that he acted under the orders of the supervisor, according to law. Replication. That Bethel did not do the acts under the direction of the supervisor of the district where he resides. Issue was taken on that.
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Trespass, quare clausum fregit. Pleas — 1. Severally for each defendant, not guilty. 2. As to M’Williams, that he was a supervisor of roads, and, as such, did the act complained of as a trespass. On this issue was joined. As to Bethel, that he acted under the orders of the supervisor, according to law. Replication. That Bethel did not do the acts under the direction of the supervisor of the district where he resides. Issue was taken on that. The cause was submitted to the court on the following agreed state of facts: M’Williams opened the fences of the plaintiff along the roads laid .out…
1Opinion of the CourtWright, J.
The question most pressed upon the court, is the supposed constitutional inhibition to taking private property for public use, without compensation in money be first made. Con. Art. 8, sec. 4. This question has been repeatedly before this court, and the courts of other states, and it has been uniformly held, that the state, by virtue of its transcendental or sovereign power, its eminent domain, may take the .private property of one citizen for the good of the whole. The constitution limits the exercise of- this power to cases where a compensation in money is made. In practice, this clause has…
2Cases cited2 opinions
- Whiteaker v. VanschoiackOregon Supreme Court · 1873
- Scovill v. BarneyOregon Supreme Court · 1872
3Cited by2 opinions
- Ganzer v. FrickeSupreme Court of Pennsylvania · 1868
- Wilson v. Mechanics' Savings Bank ex rel. ParkSupreme Court of Pennsylvania · 1863