Evansville & Indianapolis Railroad v. Huffman
Indiana Court of Appeals
From Clay Circuit Court; P. O. Colliver, Judge. Action by Faustimus Huffman against tbe Evansville & Indianapolis Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRoby, J.
Suit by appellee to recover for fencing part of appellant’s right of way. A demurrer to the complaint was overruled, and the correctness of such ruling is duly presented.
By the statute upon which appellee’s right rests, it is made the duty of railroad companies to - build fences “on both sides of such • railroad throughout the entire length,” etc. §5323 Burns 1901.
The following section authorizes the abutting landowner, under certain specified conditions, to enter upon the railroad right of way and build such fences so far. as his own land abuts upon the right of way of the railroad, and…
2Cases cited6 opinions
- Ohio & Mississippi Railway Co. v. People ex rel. LymanIllinois Supreme Court · 1887
- Chicago & Southeastern Railway Co v. VertIndiana Court of Appeals · 1900
- Wabash, St. Louis & Pacific Railway Co. v. ZeiglerIllinois Supreme Court · 1883
- Chicago & South-Eastern Railway Co. v. WoodardIndiana Court of Appeals · 1895
- First National Bank v. DeitchIndiana Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Aldrich v. AmissIndiana Supreme Court · 1912
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NewsomIndiana Court of Appeals · 1905
- Vandalia Railroad v. StephensIndiana Court of Appeals · 1906
- Vandalia Railroad v. MillerIndiana Court of Appeals · 1910