Legal Opinion

Shoemaker v. Indiana Railways & Light Co.

Indiana Court of Appeals

Decided January 4, 1922No. 10,958Published

From Clinton Circuit Court; Joseph Combs, Judge. Action by Jacob Shoemaker against the Indiana Railways and Light Company. From a judgment for defendant, the plaintiff appeals.

1Opinion of the CourtMcMahan, J.

Complaint by appellant against appellee to recover damages for the alleged flooding of certain land, owned by appellant, by the construction of its railway embankment and an insufficient bridge across •Killmore Creek. The complaint in substance alleges that appellee owned and for years maintained an interurban railroad from Kokomo to Frankfort, extending across appellant’s land and crossing said creek at a point about 200 feet north of the northeast corner of said lands. When the railroad was constructed appellee placed a concrete bridge across the creek. This bridge was destroyed by the 1913…

2Cases cited13 opinions

  1. Chicago & Erie Railroad v. DiniusIndiana Supreme Court · 1913
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
  3. M. S. Huey Co. v. JohnstonIndiana Supreme Court · 1905
  4. New Castle Bridge Co. v. DotyIndiana Supreme Court · 1906
  5. Indianapolis Street Railway Co. v. TaylorIndiana Supreme Court · 1902

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