Evansville & Ohio Valley Railway Co. v. Southern Indiana Rural Electric Corp.

Appellee filed its third amended complaint in five paragraphs in the Spencer Circuit Court. In each paragraph it sought to collect the penalty, attorney’ fees and costs provided for by subsection (d), Sec. 55-4418, Burns’ 1951 Replacement.

By rhetorical paragraph four in each paragraph of the complaint it is averred that between July 1, 1946, and January 1, 1948, appellant “constructed electric distribution lines (within certain described sections) none of which is a secondary voltage service line as permitted or defined in paragraphs ‘ (o) ’ or ‘(p)’ of section 3” (Section 55-4403, Burns’…