Ferdinand Railroad v. Bretz
Indiana Court of Appeals
Prom Dubois Circuit Court; O. M. WeTborn, Special Judge. Action by William PI. Bretz against the Ferdinand Bail-road Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtPelt, J.
Appellee brought this action against appellant under §5448 Burns 1908, Acts 1885 p. 224, to recover the reasonable value of a fence constructed by him between his land and appellant’s right of way. The case was tried by the court without the intervention of a jury, and there was a finding for appellee for $109.63, on which judgment was duly rendered.'
Appellant filed a motion for a new trial based on the following grounds': (1) Error in the assessment of the amount of recovery in that it was too large. (2) That the finding and judgment of the court are not sustained by sufficient evidence. (3)…
2Cases cited7 opinions
- Chicago & Erie Railroad v. DiniusIndiana Supreme Court · 1913
- Indianapolis Traction & Terminal Co. v. GillaspyIndiana Court of Appeals · 1914
- Owen v. HarriottIndiana Court of Appeals · 1911
- Bradford v. WeggIndiana Court of Appeals · 1913
- Johnson v. BeboutIndiana Court of Appeals · 1915
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3Cited by2 opinions
- Johnson v. BeboutIndiana Court of Appeals · 1915
- Wright v. CohnIndiana Court of Appeals · 1918