Ches. & Ohio R. R. v. Pack

Hoffman, Judge.

According to their headings, Chap. 42 of the Code relates to “the taking of land, without the owner’s consent, for purposes of public utility,” and Chap. 52, to “corporations generally.” The main purpose of each, however, is to authorize companies incorporated for the construction and operation of internal improvements, to obtain property for their purposes, and regulate the acquisition.

By an act passed since <the act establishing the Code, sec. 5 of Chap. 52 has been amended and re-enacted. This section, as re-enacted, and the two other most important sections of that chapter,…