Terre Haute & Logansport Railway Co. v. Erdel
Indiana Supreme Court
From Clinton Circuit Court; Joseph Claybaugh,ZvAg%. Action by "William Erdel against the Terre Haute & Logansport Railway Company for repairing a fence along its right of way, and attorney’s fees. From a judgment in favor of plaintiff for $57.15, the defendant appeals. Transferred from the Appellate Court under §1337u Burns 1901.
1Opinion of the CourtHadley, J.
Appellee alleges in his complaint that the right of way of appellant’s railroad abuts on his farm for about forty rods. Many years ago, and within one year after the completion of the railroad, appellant constructed on said abutting line a sufficient fence as required by §5323 Burns 1901, made of oak posts, barb-wire, and a single line of six-inch boards reaching from post to post *349sixteen feet apart. In the course of time some of the posts were burned off by fires, others rotted off, the boards became detached at one or both ends, the wire became rust eaten and broken, and the fence generally…
2Cited by5 opinions
- Vandalia Railroad v. WalshIndiana Court of Appeals · 1909
- Terre Haute & Logansport Railway Co. v. SalisburyIndiana Court of Appeals · 1906
- Vandalia Railroad v. FettersIndiana Court of Appeals · 1907
- Vandalia Railroad v. SeltenrightIndiana Court of Appeals · 1907
- Vandalia Railroad v. MillerIndiana Court of Appeals · 1910