Sherlock v. Louisville, New Albany & Chicago Railway Co.

A demurrer was sustained to tbe second and sixth paragraphs of appellant’s complaint. That ruling is assigned as one of the errors for which the judgment should be reversed.

The substance of the second paragraph is, that appellant has owned a described tract of land for thirty years; that, in 1853, the New Albany and Salem Eailroad Company, •duly incorporated under the laws of this State, without having had damages assessed or tendered to appellant or his predecessor in the ownership of the land, and without his consent, or the consent of such predecessor, entered upon the land and constructed…