The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1890-04-02

The circuit court rendered some decisions of
unusual Importance and interest, at its recent
session, among the number being the decree en-
tered in the case of Day, Williams & Co. VS..
The P. & w. R. R. Co. ct al. To understand
this properly little historical resume is neces-
sary: In 1884, the plaintiffs in the present case
filed a petition in the court of common pleas
against the P, Y. & c. r. r. Co. afterwards
the P, c. & T, the property now being leased
by the P. & w. Coz, asking that defendants be
enjoined from entering on certain property in
Kent lying in the bed of the old P. & o. canal,
long since abandoned for Its original purpose,
which D., w. & 20. claimed to own by virtue
of deed coming through the original owners
of the land before the canal was built, until the
land was legally appropriated by the R. R. Co.
Day, w. s. Co. claimed that when the land was
abandoned for canal purposes, it reverted to the
original owners. The r. r. Co. claimed that
the title still adhered in the canal CO., and that
they had right to sell it to whom they pleased
The case was tried in the common pleas which
rantged the injunction prayed for. This decree
was reversed by the district court, and the case
WAS pending there, the defendants, being under
no legal restraints, and in pursuance of an al
legged agreement with plaintiffs, permitting them
to do SO without molestation built their tracks
on the land in question, and commenced run
ming trains over the same. The supreme court
reversed the district court decree, and ordered
that the injunction be made perpetual-Day,
G. 70 civ
Thereupon. the R'y Co. commenced appro-
priation proceedings in the probate court, but
obliged TO submit to verdict of over
$4,000 as the price of the land and as damages.
This was another decided triumph for Day,
Williams & Co., but here their advantage stop
ped, for the verdict was rendered against
bankrupt concern, that could and did bid def
ance to all efforts to collect the said Judgment.
Execution was useless for there was no property
which to levy.
No effort was ever made by the plaintiffs to
enforce the order of injunction, and the SIS 900
could not be obtained, for the same reason that
blood cannot be forced from turnip.
After lapse of four years. petition was filed
in the circuit court against the defendant COM
cause why they, the said officials, should not be
punished for contempt of court in violating its
restraining them from entering on
the premises after its decree, until the land was
legally appropriated and paid for This was !
well calculated to make matters very interesting
for the defendants, among whom was Chauncy |
of Youngstown-for if there is any |
thing that will strike terror to the heart of a rail
road magnate in high life the impending reali-
ties of prison life will, for reasons that address
Themselves to sensitive natures.
The case was stubbornly contested by Hons.
NJ. Stuart of this city, and M. A. Norris, of
Youngstown for plaintiffs, and Ge11 T. w.
and Hon. A. w. Jones. of the latter
place, who cared for defendants interests.
The court dismissed the petition, the S15 900
S still unpaid, and the parties are right where
hey were when the trial commenced. Had the
1ecision been otherwise, Day, Williams & Co.
night be SI5,o 900 ahead.