Ross v. Terre Haute, Indianapolis & Eastern Traction Co.

This is an action on contract to recover the expense incurred by appellant in repairing the crossing of the tracks of appellant and appellee. It is assigned as error that the court erred in sustaining appellee’s demurrer to appellant’s amended complaint. One of appellant’s propositions is that if §13277 Burns 1926 is construed to prohibit the right of contract with regard to the means and method of maintenance and repair of crossings, then the statute is unconstitutional and void.

All appeals in appealable cases shall be taken directly to the Supreme Court in which there is in question, and…