Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.

The first question, presented in various methods, which we are required to decide, is this: What must be done by a railroad company, engaged in constructing a new road, to entitle it, as of right, to build its track across the road of a company previously built?

There is no doubt as to the right of one railroad company, upon the payment of compensation, to construct its road across that of another road already inexistence, but the terms and conditions upon which it can be done are such as the law prescribes. Lewis Eminent Domain, section 268. A condition precedent to the right to cross is a…