Vandalia Railroad v. Blum
Indiana Court of Appeals
From Dekalb Circuit Court; Emmett A. Bratton, Judge. Action by August F. Blum and another against the Vandalia Railroad Company. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtWatson, J.
This is an appeal from a judgment of $141.50, rendered against appellant for the cost of a fence built along a portion of its right of way by an adjoining landowner.
The error relied upon for reversal is the overruling of appellant’s motion for a new trial.
1 The first point raised is on the admission in evidence of the notice to the railroad company, appellant contending that it was not given according to §5449 Burns 1908, Acts 1885, p. 224, §3, which provides for the repairing of fences along tracks; that the notice to the company, by its agent, should state that the fence is out of repair,…
2Cases cited1 opinion
- Vandalia Railroad v. KanarrIndiana Court of Appeals · 1906