Chicago & Erie Railroad v. Hoffman
Indiana Court of Appeals
From Fulton Circuit Court; Smith N. Stevens, Judge. Action by the Chicago and Erie Railroad Company against Charles H. Hoffman and another. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtFelt, J.
This is a proceeding by appellant against appellees to condemn real estate for drainage purposes in pursuance of §929 et- seq. Burns 1914, Acts *2831905 p. 59. The error assigned is the overruling of appellant’s motion for a new trial.
Appellee Charles H. Hoffman owned the land sought to be appropriated, ánd Carrie N. Hoffman is his wife. Omitting formal averments, the complaint in substance shows: That appellant sought to condemn and appropriate certain real estate owned by Charles H. Hoffman, for its use as an easement. “That said company intends to use said real estate for the right of way…
2Cases cited11 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
- Schneck v. City of JeffersonvilleIndiana Supreme Court · 1898
- New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
- Chicago & West Michigan Railway Co. v. HuncheonIndiana Supreme Court · 1892
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Deercreek Local Board of Education v. PayneOhio Court of Appeals · 1949
- Northern Indiana Public Service Co. v. DarlingIndiana Court of Appeals · 1958
- Grand River Dam Authority v. ThompsonCourt of Appeals for the Tenth Circuit · 1941
- Klingler v. FosterIndiana Court of Appeals · 1938