Indianapolis & Eastern Railway Co. v. Town of New Castle
Indiana Court of Appeals
From Henry Circuit Court; John M. Morris, Judge. Action by the Town of New Castle against the Indianapolis & Eastern Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHadley, J.
This ivas an action instituted by appellee in the ITenry Circuit Court for the recovery of the cost of paving that portion of a street lying between the ends of the ties of appellant’s track. The complaint is in one paragraph, and proceeds upon the theory that appellant is liable for the cost of said improvement by virtue of the franchise granted to appellant by the board of trustees of said town on November 13, 1902, whereby appellant agreed that, in ease any street occupied by said appellant was improved by graveling or paving, it would pay the cost of such improvement of that portion of…
2Cases cited11 opinions
- Wolford v. PowersIndiana Supreme Court · 1882
- Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891
- Knight v. Town of West UnionWest Virginia Supreme Court · 1898
- Eisel v. HayesIndiana Supreme Court · 1895
- Laboyteaux v. SwigartIndiana Supreme Court · 1885
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3Cited by5 opinions
- Enid City Ry. Co. v. City of EnidSupreme Court of Oklahoma · 1914
- Director General of Railroads v. NicewannerIndiana Supreme Court · 1923
- State ex rel. City of Vincennes v. Vincennes Traction Co.Indiana Supreme Court · 1917
- City Electric Co. v. City of AlbuquerqueNew Mexico Supreme Court · 1927
- State v. Indiana RailroadIndiana Supreme Court · 1936