Vandalia Railroad v. Muhn
Indiana Court of Appeals
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
- Chicago & Southeastern Railway Co v. VertIndiana Court of Appeals · 1900
- Vandalia Railroad v. KanarrIndiana Court of Appeals · 1906
- Evansville & Indianapolis Railroad v. ButtsIndiana Court of Appeals · 1901