Evansville, Indianapolis & Cleveland Straight Line Railroad v. Fitzpatrick

This was a proceeding by the railroad company against Fitzpatrick, under the act entitled “ An act for the incorporation of railroad companies.” The plaintiffs having located their road, filed in the clerk’s office of the Circuit Court a complaint, representing that a portion of the defendant’s lands necessary for the construction of the road through the same, viz., four and one-half acres, had been appropriated for that use, and that they would apply for the appointment of arbitrators to assess the damage that might be sustained by such appropriation. And the defendant being notified, &c.,…