Lake Erie & Western Railroad v. Shelley
Indiana Supreme Court
Erom Henry Circuit Court; W. O. Barnard, Judge. Petition by Ambert W. Shelley and others for location of public highway was filed before board of county commissioners, where the Lake Erie.& Western Eailroad Company and othez’s remonstrated for damages and on the ground that same was not of public utility. It was appealed from there to circuit court.
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Erom Henry Circuit Court; W. O. Barnard, Judge. Petition by Ambert W. Shelley and others for location of public highway was filed before board of county commissioners, where the Lake Erie.& Western Eailroad Company and othez’s remonstrated for damages and on the ground that same was not of public utility. It was appealed from there to circuit court. Erom the circuit court the Lake Erie & Western Eailroad Company appealed to the Appellate Court, which court transferred the same to the Supz’ezne Couz’t under subd. 2, §1337j Burns 1901.
1Opinion of the CourtMonks, J.
Appellees petitioned for the location and opening of a public highway across the rights of way of the two appellant railroad companies and the lands of appellant William Hume and others. Viewers were appointed, who filed their report with the auditor*. Each appellant filed a written motion to set aside the report of the viewers in said cause, “for the reason that the proposed highway is not sufficiently described in said report, and for the reason that said z*eport does not describe the proposed highway.” These motions were overruled by the board of commission*38ers, and appellants each filed a…
2Cases cited34 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Charlotte, Columbia & Augusta Railroad v. GibbesSupreme Court of the United States · 1892
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3Cited by25 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Chicago & Erie Railroad v. LuddingtonIndiana Supreme Court · 1910
- Chicago Terminal Transfer Railroad v. WaltonIndiana Supreme Court · 1905
- Vandalia Railroad v. State ex rel. City of South BendIndiana Supreme Court · 1906
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
20 more not listed; retrieve them via the Exa API.