Terre Haute & Logansport Railway Co. v. Salisbury
Indiana Court of Appeals
From Clinton Circuit Court; Joseph Claybaugh, Judge. Action by Thomas H. Salisbury against the Terre Haute & Logansport Eailway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRobinson, J.
Suit by appellee to recover for rebuilding a fence along appellant’s right of way. Trial and judgment in appellee’s favor.
Overruling appellant’s motion for a new trial is alone relied upon as error. It is argued that the court erred in overruling the motion for a new trial (1) because the uncontradicted evidence shows that the value of the fence constructed by the appellee was in excess of the value of a fence such as, under the law, appellant was required to build; (2) because appellee was not entitled to recover attorneys’ fees, in the absence of proof that he had employed an attorney to…
2Cases cited5 opinions
- Smiley v. MeirIndiana Supreme Court · 1874
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Supreme Court · 1903
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Court of Appeals · 1905
- Terre Haute & Logansport Railway Co. v. ErdelIndiana Supreme Court · 1904
- Terre Haute & Logansport Railway Co. v. EarhartIndiana Court of Appeals · 1905
3Cited by3 opinions
- Vandalia Railroad v. WalshIndiana Court of Appeals · 1909
- Vandalia Railroad v. StephensIndiana Court of Appeals · 1906
- Hindman v. Oregon Short Line RailroadIdaho Supreme Court · 1918