Chicago & South Eastern Railway Co. v. State, ex rel. City of Noblesville
Indiana Supreme Court
Erom Tipton Circuit Court; W. W. Mount, Judge. Mandamus by State on tbe relation of the city of Roblesville against the Chicago and South Eastern Railway Company. Erom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMonks, J.
The relator brought this action to compel appellant, by writ of mandamus, to lower its tracks so as to conform to the grade of the streets crossing the same. The cause was tried by the court, a special finding of facts made, conclusions of law stated thereon in favor of appellee, and a peremptory writ ordered requiring appellant to lower its tracks to conform to the grade of said streets.
The errors assigned and not waived are: “(1) The court erred in overruling appellant’s demurrer to the alternative *238writ. (2) The court erred in overruling appellant’s motion to amend the special findings. (3)…
2Cases cited21 opinions
- Tewksbury v. HowardIndiana Supreme Court · 1894
- Hull v. LouthIndiana Supreme Court · 1887
- Evansville & Terre Haute Railroad v. CristIndiana Supreme Court · 1889
- Smith v. BarberIndiana Supreme Court · 1899
- Maynard v. WaidlichIndiana Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Indiana Department of State Revenue v. Surface Combustion Corp.Indiana Supreme Court · 1953
- Chicago & Erie Railroad v. LuddingtonIndiana Supreme Court · 1910
- Vandalia Railroad v. State ex rel. City of South BendIndiana Supreme Court · 1906
- City of Indianapolis v. Indianapolis Water Co.Indiana Supreme Court · 1916
- Rooker v. Fidelity Trust Co.Indiana Supreme Court · 1921
25 more not listed; retrieve them via the Exa API.