Akers v. Akron, C. & Y. Ry.

NIMAN,'J.

This action is here on appeal from the court of common pleas. The plaintiff claims to be the owner in fee simple and in possession of certain real estate, situated in the township of Springfield, county of Summit and state of Ohio, and especially described in the petition. The action is brought to enjoin the defendants from committing certain acts of alleged trespass upon *355said real estate, and for the recovery of damages for trespasses already committed.

The defendant, the Akron, C. & Y. Ry. is a railroad corporation, organized under and by virtue of the laws of Ohio, and claims to be…