Indianapolis, Bloomington & Western Railway Co. v. Smith

This suit was brought by the appellees, Ann M. Smith and her husband, Samuel D. Smith, against the appellant and the city of Crawfordsville, to recover for damage done to the real property of the female appellee, in and by the construction of the appellant’s road, its ditches and embankments.

The city demurred to the complaint for want of sufficient facts, which was sustained, thus putting the city out of the case. Proper issues were formed between the appellant and appellees. The case was submitted to the court, with a request that the court should find specially the facts and the conclusions…