State v. Indiana Railroad

Appellant began this action to recover the cost of improving that portion of a highway lying between the rails, and 18 inches on the outside of the rails, of a railroad track, which, at the time of the improvement, was the property of the Terre Haute, Indianapolis & Eastern Traction Company. The railroad property was afterwards sold at receiver’s sale to appellee Indiana Railroad. Appellee Fidelity-Philadelphia Trust Company, trustee, has a mortgage lien upon the railroad property against which appellant seeks to enforce a lien.

Separate demurrers of the Indiana Railroad and the…