Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Indianapolis, Columbus & Southern Traction Co.

Appellant and its predecessors have owned and operated a railway between Indianapolis and Louisville for many years. Appellee, a corporation organized for the construction and operation of an interurban railroad between Indianapolis and Columbus under the general railroad law, pursuant to an agreement with appellant, constructed a grade crossing over appellant’s road, outside, but near the city limits, of Indianapolis. This action is prosecuted under section five of an act approved March 3, 1903 (Acts 1903, p. 125, §5670 Burns 1908) to change the existing grade crossing to one below or above…