Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Smith
Indiana Supreme Court
Prom the Putnam Circuit Court. James M. Rawley, Judge. Action by the Cleveland, Cincinnati, Chicago and St. Louis Railway Company against Alvah B. Smith, to condemn land for right of way. Prom a judgment awarding damages, the plaintiff appeals.
1Opinion of the CourtMorris, C. J.
Action for condemnation under the eminent domain act of 1905 (Acts 1905 p. 59, §929 Burns 1908). The only question involved is the amount of damages. Appellant’s right to exercise the power of eminent domain with reference to the real estate involved was determined by this court in Smith v. Cleveland, etc., R. Co. (1908), 170 Ind. 382, 81 N. E. 501.
The cause was submitted to a jury for determination, which returned a verdict for appellee for $9,500. Prom a judgment on that verdict appellant prosecutes this appeal. The errors assigned here are the action of the lower court *531in changing the…
Also in this document: Concurrence.
2Cases cited48 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GeiselIndiana Supreme Court · 1889
- Michigan Mutual Life Insurance v. FrankelIndiana Supreme Court · 1898
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3Cited by46 opinions
- State Highway Commission v. DealOregon Supreme Court · 1951
- New York Central Railroad v. YarianIndiana Supreme Court · 1942
- Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916
- Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
- Coos Bay Logging Co. v. BarclayOregon Supreme Court · 1938
41 more not listed; retrieve them via the Exa API.