Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Hays

On Petition for Rehearing.

Lotz, C. J.

The appellant in its petition for a rehearing earnestly insists that the statute authorizing the assessment of its right of way is unconstitutional; that for this reason this court had no jurisdiction, and that the cause should have been transferred to the Supreme Court as directed by the statute:

It is true that on the former hearing appellant’s counsel asked that the cause be transferred to the Supreme Court, with the suggestion that, the case of Peru, etc., R. R. Co. v. Hanna, 68 Ind. 562, be overruled; but we did not understand' that the transfer was…