Falender v. Atkins
Indiana Supreme Court
From Marion Superior Court (76,147); V. G. Clifford, Judge. Action by Samuel Falender against Henry C. Atkins and another. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtMyers, J.
Appellant brought this action to recover damages from appellees for the obstruction of Eddy street in Indianapolis. A demurrer was sustained to -the complaint and judgment followed for appellees.
*457On October 7, 1907, the board of public works of the city of Indianapolis vacated all that portion of Eddy street from the north bank of Pogue’s Run north to Henry street. Appellees own all the lots abutting on both sides of the street vacated, and immediately after such vacation they constructed a fence across the south end thereof. At the time of such vacation, and continuously since May 6, 1898,…
2Cases cited17 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Iowa Central Railway Co. v. IowaSupreme Court of the United States · 1896
- Rogers v. PeckSupreme Court of the United States · 1905
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Garvin v. DaussmanIndiana Supreme Court · 1888
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3Cited by25 opinions
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- Town of Speedway v. HarrisIndiana Court of Appeals · 1976
- Neill v. RidnerIndiana Court of Appeals · 1972
- Town of Walkerton v. New York, Chicago & St. Louis RailroadIndiana Supreme Court · 1939
- Slentz v. City of Fort WayneIndiana Supreme Court · 1954
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