Lake Erie & Western Railway Co. v. Voliva
Indiana Court of Appeals
From "Warren Circuit Court; James T. Saunderson, Judge. Action by Robert Voliva against the Lake Erie and Western Railway Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtHottel, J.
— The judgment in this case was rendered on a complaint for damages for the killing of five horses. The complaint was in two paragraphs the first of which proceeded on the theory that appellant’s “right of way, was not, on December 27, 1909, fenced in, neither was said railroad track on said day fenced in or otherwise enclosed, and on said day .no barriers or cattle-guards had been or were then established or maintained at the public highway crossing where said railroad right of way and tracks crossed the public highway so as to prevent horses and other live stock from straying on the right…
2Cases cited14 opinions
- Lime City Building, Loan & Savings Ass'n v. BlackIndiana Supreme Court · 1893
- Ervin v. State ex rel. WalleyIndiana Supreme Court · 1897
- Wabash Railway Co. v. ForsheeIndiana Supreme Court · 1881
- Welty v. Indianapolis & Vincennes RailroadIndiana Supreme Court · 1886
- Robinson v. DickeyIndiana Supreme Court · 1896
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3Cited by3 opinions
- Muncie Electric Light Co. v. JoliffIndiana Court of Appeals · 1915
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. JamesIndiana Court of Appeals · 1917
- Bess v. MorganIndiana Court of Appeals · 1914