Legal Opinion

Pittsburgh, Ft. Wayne & Chicago Railway Co. v. Gillespie

Indiana Supreme Court

Decided May 2, 1902No. 19,513PublishedCited by 8 opinions

From Kosciusko Circuit Court; H. S. Biggs, Judge. From the decision of Morton Gillespie, county surveyor, making an allotment for the repair of a public drain, the Pittsburgh, Ft. Wayne and Chicago Railway Company appealed to the circuit court, and from its decision appeals. Transferred to Supreme Court, under §1337u Burns 1901.

1Opinion of the CourtJordan, C. J.

Appellee, in November, 1898, as the surveyor of Whitley county, made allotments, under the statute, for the purpose of cleaning out and keeping in repair certain portions of a public ditch known as the “Mud run” or Gearin ditch, which had been previously established and constructed in the counties of Allen and Whitley. The portion of the ditch allotted by the surveyor to appellant railroad company was in number of feet 5,500. From this decision of the surveyor appellant appealed to the Whitley Circuit Court, from which the cause was subsequently venued to the Kosciusko Circuit Court, wherein,…

2Cases cited14 opinions

  1. Grusenmeyer v. City of LogansportIndiana Supreme Court · 1881
  2. French v. LightyIndiana Supreme Court · 1857
  3. Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
  4. Moore v. MayfieldIllinois Supreme Court · 1868
  5. Coon v. Mason CountyIllinois Supreme Court · 1859

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3Cited by8 opinions

  1. Collins v. DayIndiana Supreme Court · 1994
  2. United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
  3. Indiana State Board of Dental Examinees v. DavisIndiana Court of Appeals · 1917
  4. City of Indianapolis v. L. C. Thompson Manufacturing Co.Indiana Court of Appeals · 1907
  5. State ex rel Kristof v. FaganOregon Supreme Court · 2022

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