Evansville & Terre Haute Railroad v. State ex rel. Town of Fort Branch

This was an action by appellee to compel appellant, by writ of mandamus, to construct a suitable and safe crossing over its tracks at the crossing of two streets in the town of Fort Branch. Appellant appeared, and filed a general denial to the complaint for the alternative writ. No alternative writ was issued. The court, at request of appellant, made a special finding of the facts, and stated conclusions of law thereon, and, over a motion in arrest of judgment and a motion by appellant for judgment in its favor, rendered judgment in favor of the appellee, and ordered a peremptory writ of…