Lake Erie & Western Railway Co. v. Griffin

This case is now here for the second time. The opinion and decision of this court, on the former appeal, is reported under the title of Lake Erie, etc., R. W. Co. v. *465Griffin, 92 Ind. 487. On the former appeal we held that the second paragraph of appellees’ complaint stated an equitable cause of action against the appellant, and we reversed the judgment theretofore rendered herein, because the court had erred, in our opinion, in submitting the cause to a jury for .trial. In our former opinion, we gave a full summary of the facts stated in the second paragraph of appellees’ complaint, to which…