Evansville, Suburban & Newburgh Railway Co. v. Evansville Terminal Railway
Indiana Supreme Court
From Warrick Circuit Court; Roscoe Kiper, Judge. Action by the Evansville Terminal Railway Company against the Evansville, Suburban and Newburgh Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHadley, J.
This was a proceeding by appellee to condemn a crossing over appellant’s railroad for the use of appellee in constructing and operating a railroad.
1. Appellee is a corporation organized under the voluntary associations act of March 9, 1901 (Acts 1901 p. 289) and the supplement thereto of March 7, 1903 (Acts 1903 p. 180, §4286 Burns 1908).
The main question presented challenges the right of appellee, as a creature of the voluntary associations act, to condemn real estate. This identical question was considered and decided in favor of appellee in the case of the F. W. Cook Investment Co. v.…
2Cited by3 opinions
- DAHL ET UX. v. Northern Ind. Pub. Serv. Co.Indiana Supreme Court · 1959
- State v. WhitcombMontana Supreme Court · 1933
- State ex rel. State Highway Commission v. FradetMontana Supreme Court · 1969