Chicago, Indianapolis & Louisville Railway Co. v. State ex rel. Zimmerman

This proceeding was brought by appellee to compel appellant, by writ of mandamus, to construct a high*190way crossing at the intersection of a highway with appellant’s railroad in Clark township, Montgomery county, Indiana. The case was tried by the court and a special finding of facts made, and conclusions of law stated thereon in favor of appellee, and a peremptory writ ordered requiring appellant to construct the crossing under the railroad. The errors assigned and not waived call in question all the conclusions of law jointly, and the action of the court in overruling appellant’s motion for a…