Terre Haute & Indianapolis Railroad v. State ex rel. Ketcham
Indiana Supreme Court
From Marion Superior Court; Vinson Garter, Judge. Suit by the State on the relation of W. A. Ketcham, Attorney-General, against the Terre Haute and Indianapolis Railroad Company for an accounting. From a judgment for plaintiff, defendant appeals.
1Concurring in part, dissenting in part
Opinion Concurring and Dissenting in Part.
Jordan, J.
I can not unconditionally vote to affirm the judgment in this case, and may state that it appears to me that the majority of the court has indulged in an unwarranted procedure in holding that the amount awarded to appellee by the judgment below should be affirmed, without regard to the federal taxes, which the trial court, as is disclosed by its ruling on the exceptions, included as a part of the amount of recovery. If the amount of the federal taxes in question be remitted, then the amount of recovery remaining, in my opinion, will…
2Cases cited4 opinions
- Railroad Co. v. CollectorSupreme Court of the United States · 1880
- United States v. Erie Railway Co.Supreme Court of the United States · 1882
- McCutchen v. McCutchenIndiana Supreme Court · 1895
- Memphis & Charleston Railroad v. United StatesSupreme Court of the United States · 1883