Vandalia Railroad v. Miller
Indiana Court of Appeals
From Clinton Circuit Court; Joseph Glaybaugh, Judge. Action by Emmaliue Miller against the Vandalia Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRoby, J.
*3671. *366Appellee’s complaint is in two paragraphs. The first one seeks to recover the cost of building a fence between the real estate of the appellee and the right of way of appellant railroad company, and a compliance is shown with the terms of §5448 Bums 1908, Acts 1885, p. 224, §2. The second paragraph counts upon a notice to repair a fence already constructed, and follows the terms of section three *367of said act (§5449 Burns 1908).' The sufficiency of each of these paragraphs is conceded. The appellant answered, in substance, that the cause of action set up in each of the paragraphs of. the…
2Cases cited5 opinions
- Chicago & South Eastern Railway Co. v. WoodIndiana Court of Appeals · 1903
- Terre Haute & Logansport Railway Co. v. ErdelIndiana Supreme Court · 1904
- Evansville & Indianapolis Railroad v. HuffmanIndiana Court of Appeals · 1904
- Vandalia Railroad v. StephensIndiana Court of Appeals · 1906
- Chicago, Indianapolis & Louisville Railway Co. v. CroyIndiana Court of Appeals · 1904