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COUNTS ET AL., TRUSTEES v. C. & O. RD. CO.

No. 402.

91 Ohio App. 130 (1950)

COUNTS ET AL., TRUSTEES, APPELLEES, v. THE CHESAPEAKE & OHIO RD. CO. ET AL., APPELLANTS.

Court of Appeals of Ohio, Ross county.

Decided January 27, 1950.

Attorney(s) appearing for the Case

Mr. J. F. Cutright, for appellees.

Mr. John S. Phillips, for appellants.

METCALF, J.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Ross County, a jury having been waived, in favor of plaintiffs in the sum of $900 and against the defendant The Baltimore & Ohio Southwestern Railroad Company. The material facts are not in dispute. Plaintiffs are the owners of farm land on both sides of a railroad used jointly by the defendant railroad companies, but by stipulation it is agreed that The Baltimore...

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