Railway Co. v. Williams
Ohio Supreme Court
Error to the Circuit Court of Perry county. On July 10, 1889, the defendant in error filed a petition against the plaintiffs in error in the probate court of Perry county, under section 6448, Revised Statutes, to compel the appropriation of a strip of land described as being seventy feet in width and about one-half mile in length, extending through the farm of the petitioner, and such proceedings were had thereafter that a verdict and judgment thereon were rendered in favor…
Read the full summary
Error to the Circuit Court of Perry county. On July 10, 1889, the defendant in error filed a petition against the plaintiffs in error in the probate court of Perry county, under section 6448, Revised Statutes, to compel the appropriation of a strip of land described as being seventy feet in width and about one-half mile in length, extending through the farm of the petitioner, and such proceedings were had thereafter that a verdict and judgment thereon were rendered in favor of the petitioner. On error the judgment was affirmed by the common pleas and circuit courts, and to reverse those…
1Opinion of the CourtSpear, J.
A number of errors are alleged, but the view taken by this court of the principal one makes it unnecessary to consider the others.
By its answer the railway company took issue with the averment of the petition that it was in occupancy of land ’ without right, and alleged in substance that it acquired its rights in the year 1887, by purchase at judicial sale from a corporation known as the Columbus and Eastern Railroad Company, which corporation, in the year 1883, constructed a railroad; that in the month of July, 1883, the said railroad company located and constructed its line of railroad.upon…
2Cases cited3 opinions
- Kile v. Town of YellowheadIllinois Supreme Court · 1875
- Onthank v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1877
- Cleveland & Toledo Railroad v. PrenticeOhio Supreme Court · 1862