Shepherd v. Baltimore & Ohio Railroad
Supreme Court of the United States
ERROR. TO THE CIRCUIT COURT OF-'THE. UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. The court, in. its opinion, stated the' case as follows': This action was brought to recover damages» for injuries alleged to have been done by the defendant in error to certain improved lots on Union Street, in Bellaire, Ohio, of which'the plaintiff in error, who was the plaintiff below, claims to be the owner.
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ERROR. TO THE CIRCUIT COURT OF-'THE. UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. The court, in. its opinion, stated the' case as follows': This action was brought to recover damages» for injuries alleged to have been done by the defendant in error to certain improved lots on Union Street, in Bellaire, Ohio, of which'the plaintiff in error, who was the plaintiff below, claims to be the owner. It is based upon § 3283 of the Revised Statutes of Ohio, which provides: “If it-be necessary, in the location of any part of a railroad, to occupy, any public road, street, alley, way, or ground of…
1Opinion of the Court
Me. Justi ,Hablan
delivered the opinion of the court.
The express requirement that every railroad' company occupying a street or other public ground, under an' agreement with thvj municipal or other authorities, owning or having charge thereof, “ shall be responsibl for injuries done thereby to private or public property, lying upon or near to, such ground,” leaves little ro m for construction. The right to recover damages for such injuries is not limited to owners of property immediately upon the street occupied by the track Or other structures of the railroad company. Ti the legislature had…
2Cases cited1 opinion
- Lessee of Perkins v. DibbleOhio Supreme Court · 1841
3Cited by20 opinions
- Chesapeake & Potomac Telephone Co. v. MackenzieCourt of Appeals of Maryland · 1891
- Plattner Implement Co. v. International Harvester Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. 8.41 Acres of LandCourt of Appeals for the Fifth Circuit · 1982
- United States v. 8.41 Acres of Land, More or Less, Situated in Orange County, State of Texas, and Kww Associates and Unknown Owners, United States of America v. 5.00 Acres of Land, More or Less, Situated in Orange County, State of Texas, and Firestone Tire and Rubber Company, United States of America v. 6.90 Acres of Land, More or Less, Situated in Orange County, State of Texas, and Firestone Tire and Rubber Company and Unknown OwnersCourt of Appeals for the Fifth Circuit · 1982
- Gabrielsen v. City of SeattleWashington Supreme Court · 1928
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