Dunn v. Chicago, Indianapolis & Louisville Railway Co.
Indiana Court of Appeals
Prom Monroe Circuit Court; Robert W. Miers, Judge. Action by Charles C. Dunn against the Chicago, Indianapolis and Louisville Railway Company. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtIbach, P. J.
This was an action for damages on account of the overflow of appellant’s property occasioned by the alleged negligence of appellee in obstructing a natural watercourse. There is also a prayer that the alleged nuisance be abated. A trial resulted in a verdict and judgment for appellee. The material facts of the case are not controverted. The questions to be determined therefore are questions of law.
Appellant owns certain lots in the town of Stinesville, upon one of which there is a store building. Appellee’s railroad runs north and south through the town along Railroad street, which is 100…
2Cases cited4 opinions
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- New York, Chicago & St. Louis Railroad v. Hamlet Hay Co.Indiana Supreme Court · 1897
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- Southern Railway Co. v. PoetkerIndiana Court of Appeals · 1910
3Cited by8 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Woodbury Glass Co.Indiana Court of Appeals · 1918
- Zollman v. Baltimore & Ohio Southwestern RailroadIndiana Court of Appeals · 1918
- Hunter v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1931
- Gasway v. LalenIndiana Court of Appeals · 1988
- Gasway v. LalenIndiana Court of Appeals · 1988
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