Carrell v. Muncie, Hartford & Ft. Wayne Railway Co.
Indiana Court of Appeals
From Delaware Circuit Court; Joseph G. Leffler, Judge. Action by the Muncie, Hartford & Ft. Wayne Railway Company against Samuel S. Carrell. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBlack, J.
The appellee instituted proceedings for the appropriation of a strip forty feet in width through agricultural lands of the appellant, for the construction of the appellee’s “interurban street railroad,” pursuant to the statute of March 11, 1901 (Acts 1901, p. 461, §5468a et seq. Burns 1901).
Among the instructions asked by the appellant which the court below refused to give to the jury was the following: .“The court instructs the jury that in estimating the damages no deduction shall be made for any benefits that may arise or accrue to the landowner by the location, construction and operation…
2Cases cited2 opinions
- Indianapolis Northern Traction Co. v. DunnIndiana Court of Appeals · 1905
- Indianapolis Northern Traction Co. v. RamerIndiana Court of Appeals · 1906
3Cited by4 opinions
- Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
- Union Traction Co. v. PfeilIndiana Court of Appeals · 1906
- Walling v. HauteIndiana Court of Appeals · 1916
- Ross v. MayIndiana Court of Appeals · 1923