Railway v. Bosworth
Ohio Supreme Court
Error to the Circuit Court of Clinton County. In the original action the plaintiff sought to recover of the-defendant $570.00 as the reasonable cost of building a fence on each side of its right-of-way through his lands, under the provisions of sections 3324 and 3325 of the Revised Statutes, imposing the duty on railroad companies of fencing their roads, and giving the abutting owner the right to build the ffences- and to recover the reasonable cost of the company, where it.…
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Error to the Circuit Court of Clinton County. In the original action the plaintiff sought to recover of the-defendant $570.00 as the reasonable cost of building a fence on each side of its right-of-way through his lands, under the provisions of sections 3324 and 3325 of the Revised Statutes, imposing the duty on railroad companies of fencing their roads, and giving the abutting owner the right to build the ffences- and to recover the reasonable cost of the company, where it. fails to do so. The defendant answered, relying on an agreement by which one A. W. Miller, who in 1852 granted the…
1Opinion of the CourtMinshall, J.
A number of questions presented in argument as arising upon the record, need not, from the view we take of the case, be disposed of here. (1.) Thus it is claimed that the rights conferred by the agreement between the original parties, did not pass to the present owner of the railroad, because “ successors ” are not named, and that, therefore, the right-of-way itself, as well as the agreement as to fencing, was limited to the original company, and that the present owners can take nothing under that agreement. But, speaking for myself, I think this is not so. Being a grant to a corporation…
2Cases cited5 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Allen v. CulverNew York Supreme Court · 1846
- Kellogg v. RobinsonSupreme Court of Vermont · 1834
- People v. BarryNew York Supreme Court · 1860