Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. Wynant

The first error of which the appellant complains here is the overruling of its demurrer to each paragraph of appellee’s complaint. The complaint contained two paragraphs. In the first paragraph, the appellee alleged that the appellant was the owner of, and for ten years last past had been operating, a railroad from the city of Cleveland, in the State of Ohio, to the city of Indianapolis, in this State, through the county of Madison, and that its railroad passed *161over and across the highway leading from the city of Anderson to the town of Pendleton, both in Madison county; that, in 1867, the…