Indiana, Bloomington & Western Railway Co. v. Finnell

It is charged in appellees’ complaint that, in consideration of a grant by them to the railway company of a strip of land upon which to construct and operate its road, that corporation agreed to pay to appellee's $500, fence the way so granted on both sides through their land, and build two farm crossings for their convenience. It is further charged that the railway company has failed and refused to build and construct the fences and farm crossings.

The purpose of this action is to recover the damages which, it is averred, resulted from the breach of the contract on the part of the railway…