Vandalia Railroad v. Fetters
Indiana Court of Appeals
From Marshall Circuit Court: Marry Bernetha, Judge. Action by «David Fetters against the Vandalia Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtComstock, J.
Appellee recovered judgment against appellant for the rebuilding of a fence on its right of way where appellee’s farm land abutted upon the same. The complaint alleges, in substance, that appellee’s lands, being agricultural lands, abut upon the right of way of appellant’s railroad; that on April 12, 1905, the original right of way fence along said lands had decayed so that it would not turn stock of any kind; that at said time his said lands were fenced, except along said right of way; that on said day he caused to be prepared and served upon the appellant’s nearest freight agent a written…
2Cases cited3 opinions
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Court of Appeals · 1905
- Terre Haute & Logansport Railway Co. v. ErdelIndiana Supreme Court · 1904
- Missouri Pacific Railway Co. v. YoungstromSupreme Court of Kansas · 1891
3Cited by2 opinions
- Vandalia Railroad v. WalshIndiana Court of Appeals · 1909
- Seamless Pressed Steel & Manufacturing Co. v. MonroeIndiana Court of Appeals · 1914