Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Kearns
Indiana Court of Appeals
Prom Wabash. Circuit Court; A. H. Plummer, Judge. Action by Joseph Kearns and another against The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. Prom a judgment for plaintiffs, the defendant appeals.
1Opinion of the CourtIbach, J.
In both paragraphs of the complaint in this case, appellees sued appellant for damages for the destruction of a private farm crossing which had been constructed by one of appellant’s predecessors for former owners and occupants of the farm which had been severed by such railroad. Such crossing had been maintained by appellant and its predecessors from the time of its construction until November 20, 1909. Appellees base their right to a recovery on a covenant in a deed of conveyance of the right of way, made by one of their remote grantors to appellant’s predecessors, that it “ would make and…
2Cases cited7 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WilsonIndiana Court of Appeals · 1904
- Indianapolis Traction & Terminal Co. v. IsgrigIndiana Supreme Court · 1914
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WilsonIndiana Court of Appeals · 1910
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3Cited by5 opinions
- Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
- Chicago, Indianapolis & Louisville Railway Co. v. BeiselIndiana Court of Appeals · 1952
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. KearnsIndiana Supreme Court · 1920
- Lagrange v. Greer-Wilkinson Lumber Co.Indiana Court of Appeals · 1915
- Schulenburg v. United StatesUnited States Court of Federal Claims · 2018