Ornstein v. Chesapeake & Ohio Ry. Co.

By the Court

(Marshall, C. J.).

This cause was first filed in this court as a motion to require the Court of Appeals of Franklin county to certify its record. That motion having been overruled, a petition in error was filed as of right, it being alleged that the record involves questions arising under the Constitutions of Ohio and of the United States. We are at this time only concerned with such constitutional questions.

The original proceeding was a suit in the probate court of Franklin county, Ohio, to appropriate property for the use of the Chesapeake & Ohio Railway Company. It was heard…