Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. City of Anderson

This action was brought by appellant to recover money paid to appellee as taxes on appellant’s right of way owned by it in fee simple, across certain territory alleged to have been “disannexed at the time said taxes were levied and collected. ’ ’

Appellee’s demurrer to the complaint for want of facts was sustained, and upon appellant’s failing and refusing to plead further, judgment was rendered against it.

The only error assigned calls in question the action of the court in sustaining said demurrer.

The question to be determined is whether that part of appellant’s right of way upon which said…