Legal Opinion

Ft. Wayne & Southwestern Traction Co. v. Ft. Wayne & Wabash Railway Co.

Indiana Supreme Court

Decided January 31, 1908No. 20,860PublishedCited by 13 opinions

Prom Kosciusko Circuit Court; Lemuel W. Boyse, Judge. Condemnation proceedings by the Ft. Wayne & Southwestern Traction Company, against the Ft. Wayne & Wabash Railway Company and others. From a judgment for defendant company, .plaintiff appeals.

1Opinion of the CourtHadley, J.

Appellant, a corporation organized under the street railways act, on March 29, 1901, filed its instrument of appropriation with the clerk of the Huntington Circuit Court for the appropriation of certain real estate belonging to Aaron Dukes, the same being that part of the towpath of the Wabash & Erie Canal lying between the town of Roanoke and the city of Huntington, in Huntington county. Dukes, at the time resided in the city of Peru, and, not being a resident of Huntington county, notice of the filing of said instrument of appropriation was given by publication, the- first of which appeared…

Also in this document: Concurrence.

2Cases cited34 opinions

  1. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  2. New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
  3. Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
  4. Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.Indiana Supreme Court · 1877
  5. Guthrie v. HowlandIndiana Supreme Court · 1905

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3Cited by13 opinions

  1. Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
  2. Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
  3. Capitol Monument Co. v. State Capitol Grounds CommissionSupreme Court of Arkansas · 1952
  4. Kaufman v. ValenteSupreme Court of Connecticut · 1932
  5. Galveston, H. & S. A. Ry. Co. v. City of Eagle PassTexas Commission of Appeals · 1924

8 more not listed; retrieve them via the Exa API.

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