Gratz v. Lake Erie & Western Railroad
Ohio Supreme Court
Error to the Circuit Court of .Allen County. In the court of common pleas Gratz sought to enjoin the company from interfering with his construction of a farm crossing over its road, his land lying on both sides thereof. In the court of common pleas final judgment was rendered on the pleadings.
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Error to the Circuit Court of .Allen County. In the court of common pleas Gratz sought to enjoin the company from interfering with his construction of a farm crossing over its road, his land lying on both sides thereof. In the court of common pleas final judgment was rendered on the pleadings. In his petition Gratz alleged that he is the owner of more than fifteen acres of land which he definitely describes, portions' thereof lying upon either side of the company’s track; that he is using said land for the purposes of agriculture; that without a private crossing over the company’s track he…
1Opinion of the CourtShauck, C. J.
The notices which the plaintiff gave to the defendant indicate that in his view he might require a farm crossing to be constructed by the railroad company, or at its. expense, although he acquired his land upon one side of the track after the construction of the railroad. That such right is conferred upon him by Sections 3327 and 3328 of the Revised Statutes is the view now urged in the brief of his counsel. To the contrary, it is urged that the burden ds imposed upon the company in those cases only in which by the construction of the railroad it divides a tract of land *233which is then in the…
2Cases cited3 opinions
- Atchison & Nebraska Railroad v. GoughSupreme Court of Kansas · 1882
- Chicago, Kansas & Western Railroad v. CosperSupreme Court of Kansas · 1889
- Housatonic Railroad v. WaterburySupreme Court of Connecticut · 1854