
    The Baltimore & Ohio Railroad Co. v. The Commissioners, Auditor, and Treasurer of Belmont County.
    Motion for leave to file a petition in error to reverse the judgment of the district court of Belmont county.
    
      J. H. Collins for the motion.
    
      O. J. Swaney and St. Clair Kelly, contra.
   By the court

Held: Thailand appropriated and used by a railroad company for a railroad track and depot purposes is, in the possession of such company, “ land ” for purposes of assessment under the provisions of the act of March 29, 1867, “ To authorize the county commissioners to construct roads, on petition of a majority of resident land-owners along and adjacent to the line of said road, and to repeal an act therein named ” (64 O. L. 80), and the act of April 5, 1866 (63 O. L. 114), thereby repealed.

The Northern Indiana R. R. Co. v. Connelly, 10 Ohio St. 159, followed and approved.

Motion overruled.  