Shepherd v. Baltimore & Ohio R. Co.
130 U.S. 426 (1889)

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U.S. Supreme Court

Shepherd v. Baltimore & Ohio R. Co., 130 U.S. 426 (1889)

Shepherd v. Baltimore and Ohio Railroad Company

No. 213

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

Syllabus

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

Page 130 U. S. 427

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.

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