Legal Opinion

Town of Cicero v. Lake Erie & Western Railroad

Indiana Court of Appeals

Decided January 3, 1912No. 7,494PublishedCited by 8 opinions

Prom Tipton. Circuit Court; Lex J. Kirkpatrick, Judge. Action by the Lake Erie and ’Western Railroad Company against the Town of Cicero and others. Prom a judgment for plaintiff, the defendants appeal.

1Opinion of the CourtFelt, C. J.

Appellee brought this suit to enjoin appellants from constructing a street or highway over a strip of ground in the town of Cicero, which appellee claims as a part of its right of way.

*301Issues were joined, and the court, on request, made a special finding of facts, stated its conclusions of law thereon in favor of appellee, and granted appellee a permanent injunction.

Appellants appealed to this court, and rely on the following errors for reversal: (1) The complaint does not state facts sufficient to constitute a cause of action; (2) the court erred in its conclusion of law on the special…

2Cases cited35 opinions

  1. Cummins v. City of SeymourIndiana Supreme Court · 1881
  2. Jackson v. SmithIndiana Supreme Court · 1889
  3. City of Terre Haute v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1897
  4. Baltimore & Ohio & Chicago Railroad v. NorthIndiana Supreme Court · 1885
  5. City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892

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3Cited by8 opinions

  1. Hitt v. CarrIndiana Court of Appeals · 1921
  2. Windle v. City of ValparaisoIndiana Court of Appeals · 1916
  3. Shedd v. American Maize Products Co.Indiana Court of Appeals · 1916
  4. Judy v. JesterIndiana Court of Appeals · 1912
  5. Bissell Chilled Plow Works v. South Bend Manufacturing Co.Indiana Court of Appeals · 1916

3 more not listed; retrieve them via the Exa API.

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