Legal Opinion

Indiana Union Traction Co. v. Seisler

Indiana Court of Appeals

Decided November 25, 1914No. 8,314Published

From Pulton Circuit Court; Harry Bernetha, Judge. Action by John Seisler against the Indiana Union Traction Company and others. Prom a judgment for plaintiff, the defendants appeal.

1Opinion

*513On Petition for Rehearing.

Moran, J.

Appellee in his petition for a rehearing insists, (1) that the court erred in holding that he had a full and adequate remedy at law, as against the appellants, to enforce the construction of a private grade crossing over and across appellants’ interurban railroad, and that he was not entitled to the equitable remedy of specific performance; (2) that the holding of the court contravenes the rule of law as laid down in Cincinnati, etc., R. Co. v. Wall (1911), 48 Ind. App. 605, 96 N. E. 389; Lake Erie, etc., R. Co. v. Griffin (1900), 25 Ind. App. 138, 53 N. E.…

2Cases cited6 opinions

  1. Midland Railway Co. v. FisherIndiana Supreme Court · 1890
  2. Hill v. Merchants' Mutual InsuranceSupreme Court of the United States · 1890
  3. Cincinnati, Bluffton & Chicago Railroad v. WallIndiana Court of Appeals · 1911
  4. Converse, Receiver v. Aetna National BankSupreme Court of Connecticut · 1906
  5. Lake Erie & Western Railway Co. v. GriffinIndiana Court of Appeals · 1899

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