Legal Opinion

Terre Haute & Indianapolis Railroad v. Zehner

Indiana Court of Appeals

Decided January 16, 1902No. 3,678PublishedCited by 9 opinions

From Marshall Circuit Court; A. G. Capron, Judge. Action hy "William Zehner against the Terre Haute and Indianapolis Railroad Company, for damages for destruction of water power. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHenley, J.

This was an action hy William Zehner, the appellee, against the Terre Haute & Indianapolis Railroad Company, appellant, to recover damages for the loss of a water power which Zehner claimed to own, and which it was alleged, appellant hy its wrongful acts, had to a large extent destroyed.

The original complaint was filed in 1893. After being amended an answer in two paragraphs was filed, the first being a general denial and the second setting up that the acts complained of were lawfully done hy appellant under its statutory powers as a railroad company. The reply to this second paragraph of…

2Cases cited2 opinions

  1. Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1885
  2. Terre Haute & Indianapolis Railroad v. ZehnerIndiana Court of Appeals · 1896

3Cited by9 opinions

  1. State Ex Rel. Mavity v. TyndallIndiana Supreme Court · 1947
  2. Terre Haute & Indianapolis Railroad v. ZehnerIndiana Supreme Court · 1905
  3. Halstead v. SiglerIndiana Court of Appeals · 1905
  4. Nave v. PowellIndiana Court of Appeals · 1916
  5. Indiana Farm Gas Production Co. v. Southern Indiana Gas & Electric Co.Indiana Court of Appeals · 1996

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