Railway Co. v. O'Harra
Ohio Supreme Court
Error to the Circuit Court of Mahoning county. The plaintiff below, as administrator of Anna Eoftus, deceased, commenced an action November 22, 1887, in the court of common pleas of the county to recover damages for the wrongful appropriation by The Eawrence Railroad Company of part of a highway of which the decedent was owner of the fee simple at the time, and of which she died seized; for the injury to her easement of ingress and egress to certain of her lands abutting on…
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Error to the Circuit Court of Mahoning county. The plaintiff below, as administrator of Anna Eoftus, deceased, commenced an action November 22, 1887, in the court of common pleas of the county to recover damages for the wrongful appropriation by The Eawrence Railroad Company of part of a highway of which the decedent was owner of the fee simple at the time, and of which she died seized; for the injury to her easement of ingress and egress to certain of her lands abutting on the highway; and, also, for consequential damages to the same. By reason of the nature of the questions made upon the…
1Opinion of the CourtMinshalr, J.
The first assignment of error, the admission of any evidence under the petition, for the reasons stated—want of capacity in the administrator to sue, and the bar of-the statute of limitations, makes it necessary to determine the character of the injuries for which a recovery was sought, and the time in which an action may be commenced thereon. By a reference to the petition it will, appear that the plaintiff claimed that the decedent, Anna Loftus, at the time of the injuries complained of, was the owner of three certain tracts of land, which, on their southwest sides, abutted upon a certain…
2Cases cited3 opinions
- Dale v. ThomasIndiana Supreme Court · 1879
- Welles v. CowlesSupreme Court of Connecticut · 1822
- Hotchkiss v. Auburn & Rochester Rail RoadNew York Supreme Court · 1862