Chicago & Erie Railroad v. Luddington
Indiana Supreme Court
From Porter Circuit Court; Herbert 8. Barr, Special Judge. Drainage petition by Joseph D. Luddington and others, against which the Chicago and Erie Railroad Company remonstrates. From a judgment against remonstrant, it appeals.
1Opinion of the CourtMonks, J.
Appellees, in 1908, brought this proceeding in the court below for the construction of a public ditch under the drainage law of 1907 (Acts 1907 p. 508, §6140 et seq. Burns 1908).
Appellant filed a remonstrance for damages on account of the crossing of its right of way by said drain. Such proceedings were had that appellant was assessed with benefits in the sum of $150, and the proposed work of drainage was established. From this judgment appellant appealed to this court.
The controlling question is whether a railroad company acquires its right of way subject to the right of the State to extend…
2Cases cited17 opinions
- State ex rel. Board of Commissioners v. Board of CommissionersIndiana Supreme Court · 1908
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
- New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
- State ex rel. Geake v. FoxIndiana Supreme Court · 1902
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3Cited by44 opinions
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- Indianapolis Power & Light Co. v. Brad Snodgrass, Inc.Indiana Supreme Court · 1991
- State Ex Rel. Ayer v. EwingIndiana Supreme Court · 1952
- Jones v. Indianapolis Power & Light Co.Indiana Court of Appeals · 1973
- Chicago, R. I. & G. Ry. Co. v. Tarrant County Water Control & Improvement Dist. No. 1Texas Supreme Court · 1934
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