Chicago, Indiana & Eastern Railway Co. v. Patterson

Action against appellant for damages for the wrongful appropriation of a strip of land owned by appellee.

The errors assigned are that the court erred (1) in overruling appellant’s demurrer to the complaint; (2) in overruling appellant’s motion for a new trial.

The objections made to the complaint are that it does not show that the appropriation was without right; that it does not aver that appellant appropriated the land without first having caused .the damages to accrue therefrom to be assessed and tendered to appellee, or paid to the clerk of the circuit court for her benefit; that it will…