Harlow v. Marquette, Houghton & Ontonagon Railroad

Plaintiff brought trespass to recover damages for breaking and entering upon her lands in the construction of a road, and for disturbing her in the possession thereof, and in hindering her from carrying on and transacting her lawful business thereon. Upon the trial her counsel claimed to recover “damages sustained for the use of the property per year, not as a damage to the land itself, but as a damage from the use of the land during each, year.”

The railroad company entered upon the land and commenced the construction of the road in 1871, completed, and ever since has been using the same.

Amos…