Cincinnati, Richmond & Muncie Railroad v. Wabash Railroad
Indiana Supreme Court
From Fulton Circuit Court; A. C. Capron, Judge. Suit by the "Wabash Railroad Company against the Cincinnati, Richmond & Muncie Railroad to enjoin defendant from constructing a crossing over plaintiff’s l’oad. From the action of the court in granting a temporary restraining order, defendant appeals.
1Opinion of the CourtHadley, J.
Appellant, engaged in the construction of a railroad from Cincinnati to Chicago, the line of which intersects appellee’s railroad at a point two miles west of Peru, Indiana, having failed to agree with appellee with respect to said crossing, on October 29, 1901, filed in the office of the clerk of the Miami Circuit Court an instrument of appropriation of so much of appellee’s railroad as would enable appellant to construct its railroad there-over. Proceedings were thereafter had under the statute, whereby, on Hovember 28, 1901, an award was made fixing the point and manner of crossing, and…
2Cases cited6 opinions
- Board of Commissioners v. BonebrakeIndiana Supreme Court · 1896
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- Consumers' Gas Trust Co. v. HarlessIndiana Supreme Court · 1892
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Terre Haute & Logansport Railroad v. CrawfordIndiana Supreme Court · 1885
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3Cited by3 opinions
- Riverside Drainage District v. BucknerMississippi Supreme Court · 1914
- Stoy v. Indiana Hydraulic Power Co.Indiana Supreme Court · 1906
- Vandalia Railroad v. LaFayette & Logansport Traction Co.Indiana Supreme Court · 1911