The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-12-29
A RAILROAD FIGHT AT LAW.
The w. s. L. L. Gains the Right to Cross
the c. t. v. Il w. Road at MassiIIon.

the c. t. V. Il w. Road at NIassiIlon.
Readers of the DEMOCRAT will remem-
Der that several months ago the CleYe-
land, Tuscarawas Valley 81 Wheeling
Railroad had an injunction issued bY
the Probate Court of Stark county, en-
joining the Wheeling & Lake Erie Road
from crossing their track at MassillOn.
A hearing was had several weeks ago
on this injunction before Probate Judge
MOng and decision rendered, granting
the Wheeling Il Lake Erie Road the
right to cross the track of the Cleveland,
Tuscarawas Valley & Wheeling Road, as
proposed by their present survey. The
latter road appealed the case to the Ohio
Supreme Court. This tribunal sustained
the decision of Judge MOng, and he had
jury empannelled last week to assess
the amount of damages done the Cleve-
land, TuScarawaS Valley u Wheeling
Road by the Wheeling & Lake Erie Road
in crossing. Wednesday of last week
the Cleveland, Tuscarawas Valley q
Wheeling Company brought the case
before Judge Meyer, of The Common
Pleas Court, on a writ of supercedias,
but an order allowing the writ was not
granted. The decision of Judge Meyer
on application for the writ of supercedias
was declared by all who heard it an
able exposition 0f the law; it met with
the hearty appreciation of the residents
of western Stark county. Another in
junction suit was then begun before
Judge Meyer by the Cleveland, Tus-
caTawas Valley & Wheeling Company
VS. the Wheeling s. Lake Erie Road,
asking the Court to enjoin the latter
road from crossing the former at Massil-
Ion. Judge Tyler, of Cleveland, attOr
ney for the Cleveland, Tuscarawas Val
ley 81 Wheeling road, assisted by ex-
Judge BOynton of the Ohio Supreme
Bench, Messrs. Pease Il Baldwin of Mas
sillOn, and Geo. E, Baldwin Esq. of Can
ton, appeared for the plaintiff. Judge
Amber of Salem, VIM. r. Day Esq. of
Canton, and l.. G. Cole Esq. of MassillOn
appeared in behalf of the Wheeling &
Lake Erie folks. While the injunction
case was being heard before Judge
Meyer, the Probate Court, with jury,was
hearing evidence to assess the damage
done the Cleveland, TuscaTawas Valley
& Wheeling road by the Wheeling &
Lake Erie road in crossing. The injunc-
ton case was decided in favor of the
latter by Judge Meyer Friday afternoon.
Shortly after, in the Probate Court
the jury assessed the value of the land
appropriated and damage to the Cleve-
land, Tuscarawas 81 Wheeling road by
the crossing, at S1006. A motion to de-
fer the issuing of the order allowing
the Wheeling q Lake Erie to cross was
Oyerruled by Probate Judge Mong. The
Wheeling & Lake Erie folks paid the
amount assessed to Judge Mong imme-
diately, and the work of putting in the
crossing was begun the same evening.
The city of Massillon was worke up to
fever heat over the matter, their SYM
pathy being entirely with the Wheeling
Il Lake Erie road. Their appreciation of
Judge Meyers decision was evidenced
by the smiling countenance of every
MassillOnian who was interested in the
result. This is the last obstacle in the
way of the entrance of the Wheeling g.
Lake Erie into MassillOn.