Schmoe v. Cotton
Indiana Supreme Court
From Superior Court of Marion County (65,622); James M. Leathers, Judge. Action by Ellen M. Cotton against Louis C. Schmoe and another. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtMonks, J.
This action was brought by appellee’s decedent to recover damages for injury to her land caused by the excavation by appellants of adjoining land.
Appellants’ separate demurrers to the complaint were overruled and a general denial filed. It appeared from the testimony of the first witness for the appellee that the alleged wrongful acts of appellants had continued after the filing of the complaint, and appellee, by leave of court, filed a supplemental complaint. The cause was tried by the court, and, over a motion for a new trial by appellants, judgment was rendered against them.
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2Cases cited11 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Richwine v. Presbyterian ChurchIndiana Supreme Court · 1893
- Yost v. ConroyIndiana Supreme Court · 1883
- Chicago, Indiana & Eastern Railway Co. v. Wysor Land Co.Indiana Supreme Court · 1904
- Pouder v. TateIndiana Supreme Court · 1892
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3Cited by14 opinions
- Jackson Hill Coal & Coke Co. v. BalesIndiana Supreme Court · 1915
- Indiana Pipe Line Co. v. ChristensenIndiana Supreme Court · 1924
- Muncie & Portland Traction Co. v. Citizens Gas & Oil Mining Co.Indiana Supreme Court · 1912
- Eckman v. FunderburgIndiana Supreme Court · 1915
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1913
9 more not listed; retrieve them via the Exa API.