Ornstein v. Chesapeake & Ohio Rd

OPINION

By BARNES, PJ.

The above entitled cause is now being determined on proceedings in error from the judgment of the Court of Common Pleas of Franklin County, Ohio.

The cause originated in the Probate Court of Franklin County, Ohio, in December, 1929, through petition filed by the Hock'ing Valley Railroad Company against defendants et al, seeking to appropriate the Omslein property for railroad purposes, through the right of eminent domain.

The Ornsteins resisted the action of the Railroad Company in its attempted appropriaiion at every step of the proceedings.

The first step was the…