Legal Opinion

Indiana ex rel. City of Muncie v. Lake Erie & W. R.

U.S. Circuit Court for the District of Indiana

Decided November 10, 1897PublishedCited by 10 opinions

This suit was commenced in a state court by the city of Muncie, Ind., to procure a writ of mandamus against the Lake Erie & Western Railroad Company, and was removed to this court by the defendant.

1Opinion of the Court

BAKED, District Judge.

This suit was begun in the circuit court of Delaware county, in the state of Indiana, to procure a writ of mandamus to compel the change and reconstruction of an overhead crossing constructed by the defendant upon one of the streets of the city of Muneie, which crossing is alleged to be an unlawful and unnecessary obstruction of the traveling public having occasion to use the street. On the application of the defendant the case was removed from the state court into tills court. The defendant, after such removal, moved the court to require the relator to strike out…

2Cases cited22 opinions

  1. Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
  2. People v. Superior CourtNew York Supreme Court · 1833
  3. People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
  4. Evansville & Terre Haute Railroad v. CristIndiana Supreme Court · 1889
  5. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886

17 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Chicago, Indianapolis & Louisville Railway Co. v. State ex rel. ZimmermanIndiana Supreme Court · 1902
  2. Indiana ex rel. City of Muncie v. Lake Erie & W. Ry. Co.U.S. Circuit Court for the District of Indiana · 1898
  3. Yackee v. Village of NapoleonOhio Supreme Court · 1939
  4. Carr v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1948
  5. City of Highland Park v. Dallas Ry. Co.Court of Appeals of Texas · 1922

5 more not listed; retrieve them via the Exa API.

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