Legal Opinion
Terre Haute & Southeastern Railroad v. Rodel
Indiana Supreme Court
Decided May 15, 1883No. 8922PublishedCited by 19 opinions
From the Vigo Circuit Court.
1Opinion of the CourtElliott, J.
The question in this case is: Can the owner of a lot abutting upon a street maintain an action of ejectment against a railway company which has laid its track thereon without having paid or tendered compensation?
It is settled that the owner of a lot abutting upon a public street owns to the center, and that his title is a fee burdened only by the easement of the public. It is also the rule in this State that the lot owner may maintain an action against the railroad company for damages. Cox v. Louisville, etc., R. R. Co., 48 Ind. 178; Terre Haute, etc., R. R. Co. v. Scott, 74 Ind. 29, auth. p.…
2Cases cited8 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Peck v. SmithSupreme Court of Connecticut · 1814
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Macy Elevator, Inc. v. United StatesUnited States Court of Federal Claims · 2011
- Town of Freedom v. NorrisIndiana Supreme Court · 1891
- Porter v. Midland Railway Co.Indiana Supreme Court · 1890
14 more not listed; retrieve them via the Exa API.