Legal Opinion

Vandalia Railroad v. Muhn

Indiana Court of Appeals

Decided April 29, 1910No. 6,958Published

Prom Dekalb Circuit Court; Emmet A. Bratton, Judge. Action by Perry Muhn and another against the Vandalia Railroad Company. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtWatson, J.

This was an action brought by appellees, landowners, to recover the cost of constructing a fence built by them upon the right of way of appellant, where it runs through their land. To the complaint a demurrer was filed, which was overruled, and exceptions were taken. The cause was put at issue by the filing of a general denial. Trial by court, and finding and judgment for appellees in the sum of $101.01, from which this appeal is prosecuted.

The assignments are that the court erred (1) in overruling the demurrer to the complaint, and (2) in overruling the motion for a new trial.

1. The…

2Cases cited3 opinions

  1. Chicago & Southeastern Railway Co v. VertIndiana Court of Appeals · 1900
  2. Vandalia Railroad v. KanarrIndiana Court of Appeals · 1906
  3. Evansville & Indianapolis Railroad v. ButtsIndiana Court of Appeals · 1901

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