Central Indiana Railroad v. McMains
Indiana Court of Appeals
Fr.om Clinton Circuit Court; Joseph Combs, Judge. Action by the Central Indiana Railway Company against Harry McMains. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtIbach, J.
Appellant brought this suit to enjoin appellee from destroying or interfering with its railway fences and roadbed, and to quiet title to a right of way sixty feet wide through appellee’s farm. The suit was the result of a dispute between appellant and appellee as to the width of the right of way of appellant. Trial was by the court, which found the facts substantially as follows, and stated conclusions of law for the defendant, upon which judgment was rendered.
Since 1903 appellant has owned and operated a line of *134railway which passes over appellee’s real estate. This line of railway has been…
2Cases cited4 opinions
- West v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1909
- O'Neal v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1903
- Smith v. RankinIllinois Supreme Court · 1858
- Morgan v. TuttCourt of Appeals of Texas · 1908
3Cited by2 opinions
- Steele v. FowlerIndiana Court of Appeals · 1942
- Keyser v. BrownIndiana Court of Appeals · 1921