Legal Opinion

Lake Erie & Western Railroad v. Marott

Indiana Court of Appeals

Decided February 11, 1913No. 7,800PublishedCited by 1 opinion

From Marion Circuit Court (18,475) ; Charles Remster, Judge. Action by George J. Marott against the Lake Erie & Western Railroad Company and another. Prom a judgment for plaintiff, the defendants appeal.

1Opinion of the CourtAdams, J.

This action was brought by appellee against appellants, to enjoin and restrain the latter from taking up, removing, or in any manner interfering with, a certain pipeline constructed along and across the right of way of said appellants, near the town of Eaton, Delaware county, Indiana.

On a verified showing made to the court, a temporary restraining order was issued. Appellants filed a motion to dissolve the restraining order, which motion was overruled. Issue of law was formed by appellants’ demurrer to the complaint, which demurrer was overruled. Issue of fact was formed by answer of general…

2Cases cited9 opinions

  1. Riggs v. . PursellNew York Court of Appeals · 1876
  2. Old v. MohlerIndiana Supreme Court · 1890
  3. Farnum v. HefnerCalifornia Supreme Court · 1889
  4. Bemis v. WilderMassachusetts Supreme Judicial Court · 1868
  5. Gazlay v. WilliamsCourt of Appeals for the Sixth Circuit · 1906

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

3Cited by1 opinion

  1. Miller v. ReadyIndiana Court of Appeals · 1915

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