Kramer v. Cleveland & Pittsburgh Railroad
Ohio Supreme Court
In Case. Reserved in the District Court of Cuyahoga county. The defendant entered upon and dug down the lands of the plaintiff, and carried away gravel and sand therefrom; and constructed its railroad through and over said lands, and caused said lands to be appropriated to the uses of such railroad.
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In Case. Reserved in the District Court of Cuyahoga county. The defendant entered upon and dug down the lands of the plaintiff, and carried away gravel and sand therefrom; and constructed its railroad through and over said lands, and caused said lands to be appropriated to the uses of such railroad. The plaintiff sued the defendant in the court below for damages for so doing. i The defendant claims to be justified in its acts, by virtue of the provisions of the 8th section of the act of Feb. 16, 1849, (47 O. L. 149,) “ authorizing the city of Cleveland to subscribe to the capital stock of the…
1Opinion of the CourtRanney, J.
The defendant justifies.under the provisions of the 8th section of the act of February 16, 1849, to authorize the city of Cleveland to subscribe to the capital .stock of the Cleveland and Pittsburgh Railroad Company, and for other purposes. 47 O. L. 149. That section empowered the company to agree with the owners of land, etc., needed for the construction or repair of their road, for the purchase, or use, or occupation of the same; or, if they could not agree, or if any of the owners were married women, infants, or insane persons, or out of the county in which' the land, etc., was situated,…
2Cited by24 opinions
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- New York, New Haven & Hartford Railroad v. LongSupreme Court of Connecticut · 1897
- State v. JonesSupreme Court of North Carolina · 1905
- Kundinger v. City of SaginawMichigan Supreme Court · 1886
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