Legal Opinion

Chicago & Erie Railroad v. Luddington

Indiana Supreme Court

Decided May 24, 1910No. 21,541PublishedCited by 44 opinions

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

  1. State ex rel. Board of Commissioners v. Board of CommissionersIndiana Supreme Court · 1908
  2. Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
  3. Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
  4. New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
  5. State ex rel. Geake v. FoxIndiana Supreme Court · 1902

12 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Northern Indiana Public Service Co. v. Citizens Action Coalition of Indiana, Inc.Indiana Supreme Court · 1989
  2. Indianapolis Power & Light Co. v. Brad Snodgrass, Inc.Indiana Supreme Court · 1991
  3. State Ex Rel. Ayer v. EwingIndiana Supreme Court · 1952
  4. Jones v. Indianapolis Power & Light Co.Indiana Court of Appeals · 1973
  5. Chicago, R. I. & G. Ry. Co. v. Tarrant County Water Control & Improvement Dist. No. 1Texas Supreme Court · 1934

39 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API