Midland Railway Co. v. Gascho

This was an action brought by appellees to recover the expense of building a fence along appellant’s road, which ran through their land.

The only question presented is, that the court erred in overruling the demurrer to the complaint.

The complaint was filed July 15th, 1891, and alleges that the appellant, a duly organized corporation, had for several years last past, owned and operated its line of railroad through the county of Hamilton in said State, *408and owned and operated it at the time of the commencement of the action; that the appellees were, and for many years had been, the owners in…