Evansville, Indianapolis & Terre Haute Railroad v. Board of Commissioners

Hays Christmas and others filed in the office of the auditor of Gibson county a petition addressed to the board of commissioners praying for the improvement of a certain highway in said county, under what is known as the County Unit Road Law; the statutory notices were given; approval of the petition was made by the county council; an engineer was appointed to prepare plans and specifications; and all proceedings required by the law were observed and followed.

It is shown that said highway crossed appellants’ railroad tracks and right of way at grade. The report of the engineer disclosed that…