Chicago & Erie Railroad v. Leiter
Indiana Court of Appeals
From Cass Circuit Court; John 8. Lairy, Judge. Action by Levi Leiter against the Chicago and Erie Railroad Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtIbach, P. J.
1. This is an action for damages for the killing of appellee’s horses by appellant on its -railroad tracks. The evidence in the case most favorable to appellee shows that in the year 1906, appellant for some reason removed many of its cattle guards and highway fences, among which were those which had existed in close proximity to appellee’s farm, and since that time has not rebuilt or maintained any of such crossings, but has maintained its lateral fences through appellee’s farm. Pour of appellee’s horses escaped from a field which was securely fenced and entered on appellant’s right of way…
2Cases cited8 opinions
- Indianapolis Street Railway Co. v. TaylorIndiana Supreme Court · 1902
- Chicago, St. Louis & Pittsburgh Railroad v. NashIndiana Court of Appeals · 1891
- Toledo, Wabash & Western Railway Co. v. MilliganIndiana Supreme Court · 1876
- Toledo, St. Louis & Kansas City Railroad v. BurganIndiana Court of Appeals · 1894
- Dennis v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1888
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3Cited by1 opinion
- Chicago, Indianapolis & Louisville Railway Co. v. ShedrowIndiana Court of Appeals · 1921