Legal Opinion

Barth v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Indiana Supreme Court

Decided January 12, 1911No. 21,809PublishedCited by 4 opinions

From Floyd Circuit Court; William C. TJtz, Judge. Suit by the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company against Elizabeth Barth and others. From a decree for plaintiff, defendants appeal.

1Opinion of the CourtMyers, C. J.

Appellee successfully maintained an action for an injunction to prevent appellants from removing a railway switch from the real estate of appellant Elizabeth Barth. The special findings show that appellant Elizabeth Barth owned certain real estate in the city of New Albany on the south side of, and abutting on State street, between Eighth and Ninth streets in said city. The street upon which appellee maintains its main track runs in a general easterly and westerly direction. Appellant Elizabeth Barth owned real estate on the south side of, and abutting on Macbeth street, which begins at Ninth…

2Cases cited2 opinions

  1. Ferris v. American Brewing Co.Indiana Supreme Court · 1900
  2. Coomler v. HefnerIndiana Supreme Court · 1882

3Cited by4 opinions

  1. Lawrence v. CainIndiana Court of Appeals · 1969
  2. Schmidt Enterprises, Inc. v. StateIndiana Court of Appeals · 1976
  3. Duda v. New Prairie United School Corp.Indiana Court of Appeals · 1967
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BarthIndiana Supreme Court · 1916

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