Louisville, New Albany & Chicago Railway Co. v. Shanklin

The evidence tends to show the following facts: About thirty-five years ago, a certain public highway leading from Crawfordsville to Lafayette was graded for a macadamized road. In 1849, after the grading had been partially or wholly completed, the Crawfordsville and Lafayette Railroad Company, upon application to the board of county commissioners of Montgomery county, was granted permission to occupy that portion of the highway which was in Montgomery county as a right of way for its railroad track. Soon after, the railroad was built, and from that timé *574to this, the railroad company, and its…