Arn v. Chesapeake & Ohio Railway

Opinion of the Court by

Judge Clarke

Affirming.

This action involves the right of appellees to maintain and operate their railroad tracks upon a street, formerly Central avenne, in the town of Chester, now a part of the city of Maysville.

To understand the issues involved here a brief statement of the sources of title of the parties, as well as the pleadings, is necessary.

On May 20, 1869, James Barbour, J. P. Barbour, M. J. Chase and B. M. Hobson purchased from ¥m. E. Seldon a tract of land in Mason county on the Ohio river adjoining the city of Maysville on the east. A portion of this tract of…