New Jersey, Indiana & Illinois Railroad v. Tutt
Indiana Supreme Court
Erom St. Joseph Circuit Court; Walter A. Funk, Judge. Condemnation proceeding by the New Jersey, Indiana & Illinois Railroad Company against Joseph D. Tutt and others. Erom a judgment for defendant, plaintiff appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the Court
Hadley, J.—This
was a proceeding by appellant to condemn a right of way for a steam railroad over the lands of appellees. Appellant filed an instrument of appropriation in the office of the clerk of St. Joseph county, on June 18, 1904. On July 9, 1904, appraisers were duly appointed to assess the damages, who estimated the same at $491, and filed their award with the clerk, July 27, 1904. August 3, 1904, appellees filed their exceptions to the award. Upon these exceptions the proceedings were transferred to the St. Joseph Circuit Court. The question of damages raised by the exceptions was…
2Cases cited38 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Taylor v. FickasIndiana Supreme Court · 1878
- Carthage Turnpike Co. v. AndrewsIndiana Supreme Court · 1885
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Case v. HoffmanWisconsin Supreme Court · 1898
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3Cited by40 opinions
- Rieth-Riley Construction Company, Inc. v. McCarrellIndiana Court of Appeals · 1975
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
- Chicago & Erie Railroad v. LuddingtonIndiana Supreme Court · 1910
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
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