Terre Haute & Logansport Railway Co. v. Earhart

Appeal from a judgment for the cost of a fence along appellant’s right of way, rebuilt by the abutting landowner. The notice to build and repair the fence was given in June, 1901. Appellee rebuilt the fence in May, 1903, furnished appellant a statement of the expense on June 2, 1903, and brought this action August 3, 1903. Appellant objected to the introduction in evidence of the statement of the expense, upon the ground that it was not served upon appellant within a reasonable time after the *57notice to rebuild and repair was given. The statute (§5325 Burns 1901, Acts 1885, p. 224, §3) does…