Legal Opinion

Cleveland Co-Op. Stove Co. v. Cleveland & P. Ry.

Cuyahoga Circuit Court

Decided December 16, 1912Published

Error.

1Opinion of the CourtMeals, J.

This is an action by the Cleveland & Pittsburgh Ry. against the Cleveland Co-Op. Stove Co., to recover the possession of a ten foot strip of land abutting upon and parallelling its right-of-way on the westerly side thereof at or near its intersection with Central avenue, in this city.

In 1852 the railroad company owned a tract of land, including the strip in dispute, consisting of 8.78 acres. On February 23, 1852, it conveyed the entire tract to William V. Craw, save and except a forty foot strip on the easterly side thereof, which it reserved as a right-of-way.

The tract so conveyed remained…

2Cases cited5 opinions

  1. French v. PearceSupreme Court of Connecticut · 1831
  2. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  3. Sharp v. ThompsonIllinois Supreme Court · 1881
  4. Snooks v. WingfieldWest Virginia Supreme Court · 1903
  5. Beardsley v. NashvilleSupreme Court of Arkansas · 1897

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