West Virginia Supreme Court September 21, 1926, C. C. 384, 385 (Martin Shaffer v. Martinsburg)

Woods, Judge:

These two actions arise by reason of the recent construction of a subivay on Queen Street in the City of Martinsburg under the main line tracks and right of way of the Baltimore and Ohio Railroad Company. The court below overruled the demurrers to each declaration and to each count thereof, and, upon joint request of counsel, its. action was certified here for revieiv.