Graham v. Chicago, Indianapolis & Louisville Railway Co.
Indiana Court of Appeals
Erom Harrison Circuit Court; G.'W. Cools, Judge. Action by James M. Graham against the Chicago, Indianapolis & Louisville Eailway Company. From a judgment for defendant, plaintiff appeals.
1Opinion
On Petition for Rehearing.
Eobt, C. J.
The argument in support of this petition is based principally upon the assertions that §5153 Burns 1901, §3903 E. S. 1881, does not give the railroad company the right to cross a stream such as the one shown in the case at bar, “because the right exists independent of the statute, and it was in no way enlarged by it;” that “the statute relied on, * * * in so far as it refers to watercourses, gives no rights except as to navigable streams;” that the effect of the obstruction complained of is to create a private and not a public nuisance.
By sections one, two…
2Cases cited7 opinions
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- Runyan v. Lessee of CosterSupreme Court of the United States · 1840
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
- Turnpike Co. v. IllinoisSupreme Court of the United States · 1878
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