Southern Railway Co. v. Poetker
Indiana Court of Appeals
From Pike Circuit Court; E. A. Ely, Judge. Action by Frederick H. Poetker against the Southern Railway Company and another. From, a judgment for plaintiff, defendants appeal.
1Opinion of the CourtRabb, J.
This action was brought to recover damages for the overflowing of appellee’s land, caused" by the improper *296construction of appellant railway company’s roadbed. Two questions are presented by the record for our decision: (1) Did the court err in permitting appellee to prove the difference in the value of the land, affected by the alleged nuisance complained of, before the erection and maintenance of the roadbed, and its value afterwards, and in instructing the jury that the measure of appellee’s damages was such difference? (2) Did the court err in refusing to permit appellant company to prove…
2Cases cited7 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Nashville v. ComarTennessee Supreme Court · 1890
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
- Steinke v. BentleyIndiana Court of Appeals · 1893
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KingIndiana Court of Appeals · 1900
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3Cited by5 opinions
- Schiro v. Oriental Realty Co.Wisconsin Supreme Court · 1956
- Indiana Pipe Line Co. v. ChristensenIndiana Supreme Court · 1924
- Dunn v. Chicago, Indianapolis & Louisville Railway Co.Indiana Court of Appeals · 1917
- Chicago, Indianapolis & Louisville Railway Co. v. MyersIndiana Court of Appeals · 1914
- Indiana Pipe Line Co. v. ChristensenIndiana Court of Appeals · 1932