Allen v. Chesapeake & O. R. Co.

Opinion op the Court by

Stanley, Commissioner

Affirming.

The parties to this appeal are the same as those in Harris’ Ex’x., et al. v. Chesapeake & Ohio Railway Co., 304 Ky. 840, 202 S. W. 2d 154, and the ease also concerns, or did concern, the possession of a part of the Railway Company’s right of way.

The petition in ejectment and for damages was filed by the Railway Company September 3, 1924. It sought recovery of .018 of an acre in Prestonsburg. The original defendants were Hiram Harris, W. H. Howard and Pearl Allen. Howard and Allen soon went out of the case. Harris asserted ownership of a…