Wheeling & Lake Erie Ry. v. Toledo Railway & Terminal Co.

For an understanding of the issues before us on the present hearing and the facts involved,' recourse may be had to the recitals in the hearing of the same case before the Supreme Court of Ohio as reported in Wheeling & Lake Erie Ry. v. Railway & Term. Co. 72 Ohio St. 368, 369 [74 N. E. Rep. 209], on a proceeding in error to reverse the former judgment in this court. The case was treated by the Supreme Court as involving an application for the ascertainment of a mode of crossing the Wheeling & Lake Erie Railroad Company track by the Terminal Company and was remanded to this court for the…