Atlantic & Ohio Railroad v. Sullivant
Ohio Supreme Court
Petition in error to reverse the judgment of the Probate Court of Franklin county. The original proceeding was instituted in the court below, April 19, 1854, by an association of persons under the name and style of “ The Atlantic and Ohio Railroad Company,” as a corporation, to appropriate the right of way for a part of the road of the plaintiff through Franklin county, and also to obtain earth for the construction of said road.
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Petition in error to reverse the judgment of the Probate Court of Franklin county. The original proceeding was instituted in the court below, April 19, 1854, by an association of persons under the name and style of “ The Atlantic and Ohio Railroad Company,” as a corporation, to appropriate the right of way for a part of the road of the plaintiff through Franklin county, and also to obtain earth for the construction of said road. The statement and application for the assessment of damages had been duly filed, and such proceedings were had before the probate court, that a jury was empanneled,…
1Opinion of the CourtBartley, J.
In accordance with the settled rule of interpre*279tation, that remedial statutes must be construed liberally, the provisions of the code of civil procedure, relating to error in civil cases, authorize a petition in error in the Supreme Court, to revise the action of the probate court, in the special proceeding for appropriating lands, and estimating the compensation to be paid the owner by a railroad corporation.
The right of persons associated as a company for the purpose of constructing a railroad, by virtue of the statute providing for the creation and regulation of incorporated companies in…
2Cited by17 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Heaston v. Cincinnati & Fort Wayne RailroadIndiana Supreme Court · 1861
- In re Milwaukee Southern Railway Co.Wisconsin Supreme Court · 1905
- Snyder v. New York, Chicago & St. Louis Rd.Ohio Supreme Court · 1928
- W. M. Southern Realty Co. v. SchmidtOhio Court of Appeals · 1914
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