Legal Opinion

Terre Haute & Logansport Railroad v. Erdel

Indiana Supreme Court

Decided February 4, 1902No. 19,698PublishedCited by 7 opinions

From Clinton Circuit Court; J. V. Kent, Judge. Action by William Erdel and others against the Terre Haute and Logansport Railroad Company to recover the costs of constructing a fence along defendant’s right of way. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtHadley, J.

Action by appellees to recover from appellant the cost of constructing a fence along a portion of appellant’s right of way which abuts on the lands of appellees, under the provisions of §§5323, 5324, 5325 Burns 1901 (Acts 1885, p. 224). The substance of these sections, is that a railroad company shall construct, and thereafter keep in good repair, fences, which may be made of barbwire, on both sides of their railroad, sufficient and suitable to prevent horses, mules, cattle, sheep, hogs, and other stock from getting on the railroad, except at the crossing of public highways, and along platted…

2Cited by7 opinions

  1. Chicago, Terre Haute & Southeastern Railway Co. v. AndersonIndiana Supreme Court · 1914
  2. Chicago & Erie Railroad v. EbersoleIndiana Supreme Court · 1910
  3. Stults v. Board of CommissionersIndiana Supreme Court · 1907
  4. Hood v. BakerIndiana Supreme Court · 1905
  5. Mercantile Trust Co. v. AdamsSupreme Court of Arkansas · 1910

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