Shepherd v. Baltimore & Ohio R. Co. - 130 U.S. 426 (1889)
U.S. Supreme Court
Shepherd v. Baltimore & Ohio R. Co., 130 U.S. 426 (1889)
Shepherd v. Baltimore and Ohio Railroad Company
Argued March 20-21, 1889
Decided April 8, 1889
130 U.S. 426
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF OHIO
To entitle a property owner to recover for injury to his property in Ohio by reason of the location of a railroad on a public street, road or alley, it is not necessary under the provisions of Rev.Stats. Ohio, § 3283, that the property should be situated upon the street so occupied; but it is
sufficient if it is near enough to it to be injured by the location and occupation.
Damages for a temporary injury sustained by a property owner by reason of the occupation of a street during the construction of a railroad are not recoverable under § 3283, Rev.Stats. Ohio.