Legal Opinion

Royse v. Evansville & Terre Haute Railroad

Indiana Supreme Court

Decided May 21, 1903No. 19,749PublishedCited by 5 opinions

From Knox Circuit Court; O. H. Cobb, Judge. ■ Proceeding by Jobn Royse and others for the construction of a ditch and levee. The Evansville & Terre Haute Railroad Company and others filed a motion to dismiss the proceeding; and upon the overruling of the motion the case was appealed. From the action of the circuit court dismissing the proceeding, petitioners appeal.

1Opinion of the CourtGillett, J.

Appellants filed in the office of the auditor of Knox county their petition showing that their lands would he “benefited or drained” by the straightening, widening, altering, and deepening of a certain watercourse, by the location and construction of a ditch, and by the establishing and building of a levee. It is alleged that the proposed drain is more than five miles in length, and that the construction of said work is necessary to drain and reclaim the land over which the same passes, as well as public roads thereon, and will be conducive to the public health, convenience, and welfare. The…

2Cases cited2 opinions

  1. City of Valparaiso v. ParkerIndiana Supreme Court · 1897
  2. Scruggs v. ReeseIndiana Supreme Court · 1891

3Cited by5 opinions

  1. State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
  2. Strayer v. TaylorIndiana Supreme Court · 1903
  3. In Re Scappoose Drainage DistrictOregon Supreme Court · 1925
  4. State Ex Rel. Harmony Drainage District v. HackmannSupreme Court of Missouri · 1924
  5. Kemp v. AdamsIndiana Supreme Court · 1905

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