Lake Shore Sand Co. v. Lake Shore & Michigan Southern Railway Co.
Indiana Supreme Court
_ Prom Lake Circuit Court; Willis G. McMahan, Judge. Eminent domain proceeding by the Lake Shore & Michigan Southern Railway Company against the Lake Shore Sand Company and others. Prom a judgment for plaintiff, defendant company appeals.
1Opinion
On Petition for Rehearing.
Monks, J.
Appellant in its brief on petition for a rehearing insists that the holding in this case is in conflict with Stevens v. Templeton (1908), 170 Ind. 248, and Smith v. Gustin (1907), 169 Ind. 42.
Stevens v. Templeton, supra, was a drainage proceeding in the circuit court under the drainage act'of 1905 (Acts 1905, p. 456, §§5622-5635 Burns 1905). The court, under §5625, supra, rendered a judgment establishing the proposed drain, and approved the assessments made to pay the cost of construction. From this judgment an appeal was taken.
*4639. *462It has been uniformly held…
2Cases cited16 opinions
- Perkins v. HaywardIndiana Supreme Court · 1892
- Goodrich v. StanglandIndiana Supreme Court · 1900
- Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
- Crume v. WilsonIndiana Supreme Court · 1886
- Keiser v. MillsIndiana Supreme Court · 1903
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