Bloomfield Railroad v. Van Slike
Indiana Supreme Court
From the Greene Circuit Court.
1Opinion of the CourtElliott, J.
The appellee’s complaint is in three paragraphs ; the first and second seek to recover for' injuries to real estate by the construction of a railroad, and the third seeks to recover possession of the real estate.
The first and second paragraphs arc undoubtedly good, for they show a wrongful entry upon the plaintiff’s land. Such an entry is a trespass, and every trespass is actionable. If a complaint shows a cause of action, it will repel a demurrer, although it may not entitle the plaintiff to all the relief prayed.
We think the third paragraph is sufficient, but if we were wrong in this, we…
2Cases cited5 opinions
- Ryan v. CurranIndiana Supreme Court · 1878
- Ohio & Mississippi R. W. Co. v. NicklessIndiana Supreme Court · 1880
- Sessengut v. PoseyIndiana Supreme Court · 1879
- Erie & Western Railway Co. v. GriffinIndiana Supreme Court · 1883
- Fort Wayne, Muncie & Cincinnati Railroad v. MellettIndiana Supreme Court · 1884
3Cited by13 opinions
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Xenia Real Estate Co. v. MacyIndiana Supreme Court · 1897
- Armstrong v. DunnIndiana Supreme Court · 1895
- Lime City Building, Loan & Savings Ass'n v. BlackIndiana Supreme Court · 1893
- Straus v. YeagerIndiana Court of Appeals · 1911
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