Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Noftsger

Appellee brought this action to recover damages for the construction of a switch by appellant from its main track over a strip of ground adjoining appellee’s premises, upon the theory that the same was a public highway. Appellant’s demurrer to the complaint for want of facts was overruled. The cause was tried by a jury and a special verdict returned, upon which, over appellant’s motion for a judgment in its favor, and a motion for a new trial, judgment was rendered in favor of appellee.

The errors assigned and not waived, call in question the action of the court, in overruling the demurrer to…