Ohio & Mississippi Railway Co. v. Russell

This, action was brought by George Bussell, against the Ohio and Mississippi Baibvay Company, to recover double the value of a fence which it is alleged plaintiff built on the right of way of the defendant corporation. In the- declaration the facts are averred with sufficient fullness, on which plaintiff bases his right to recover, from which it appears defendant was possessed of, and was operating, a railroad through the county of Cass, and” that it was the duty of such defendant, under the statute, to build a fence on its right of way next adjoining plaintiff’s land; that on failing to…