Baltimore & Ohio Southwestern Railway Co. v. City of Seymour

Appellant’s complaint alleges in substance that appellant is the owner of a parcel of ground forty feet wide on each side of the center of its main track through the city of Seymour, and that it and its predecessor, the Ohio and Mississippi Railway Company, have been in the continuous possession thereof for railroad purposes since 1852; that in May, 1897, the city, under an ordinance, contracted with its co-appellee, the Capitol Paving and Construction Company, to pave a portion of the right of way, about 700 feet in length and of the full width of eighty feet except the ground covered by the…