Chesapeake & Ohio Railway Co. v. Ricks

This case was heard in the trial court on a demurrer to the evidence by. the railway company, and must be so considered here. Viewing the ease from that standpoint, the facts are as follows:

In 1860, the predecessor in title of the railway company, hereinafter called the defendant, condemned a right of way for a railroad through the lands of William Scott near the town of Covington, paying for the land taken, and for damages to the residue of the tract, the sum of $2,600. The lot owned by the plaintiffs is a part of the residue of the Scott tract, now situate in the town of Covington, and…