Legal Opinion

Vandalia Railroad v. State ex rel. City of South Bend

Indiana Supreme Court

Decided February 23, 1906No. 20,663PublishedCited by 30 opinions

Erom St. Joseph Circuit Court; Walter A. Funk, Judge. Action by the State of Indiana, on the relation of the City of South Bend, against the Terre Haute & Logansport Railway Company. Erom a judgment for plaintiff, defendant’s successor in interest, the Vandalia Railroad Company, appeals.

1Opinion of the CourtMontgomery, J.

—Appellee brought this action against the Terre Haute & Logansport Railway Company for a writ of mandamus to compel said company to open, plank and make safe and convenient for travel the crossing of Calvert street over its right of way, tracks and yard in the city of South Bend. An alternative writ was issued, whereupon the defendant appeared, waived service, and filed its demurrer for want of facts to the application, the alternative writ and to the petition and writ. This demurrer was overruled, and a return filed to which appellee successfully demurred, and, defendant declining to plead…

2Cases cited29 opinions

  1. Milhau v. . SharpNew York Court of Appeals · 1863
  2. City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
  3. Gale v. Village of KalamazooMichigan Supreme Court · 1871
  4. Western Union Telegraph Co. v. ReedIndiana Supreme Court · 1884
  5. City of Oakland v. CarpentierCalifornia Supreme Court · 1859

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3Cited by30 opinions

  1. Borough of West Caldwell v. Borough of CaldwellSupreme Court of New Jersey · 1958
  2. Chicago & Erie Railroad v. LuddingtonIndiana Supreme Court · 1910
  3. Village of Grosse Pointe Shores v. AyresMichigan Supreme Court · 1931
  4. Benton v. Seattle Electric Co.Washington Supreme Court · 1908
  5. Morris v. City of SalemOregon Supreme Court · 1946

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