Kelly v. Pittsburgh, Cincinnati, Chicago & St. Louis Railroad
Indiana Court of Appeals
From Clark Circuit Court; W. G. Utz, Special Judge- Action by James R. Kelly against the Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company and the city of Jeffersonville for damages for the overflow of' land. From a judgment for defendants, on demurrer to complaint, plaintiff appeals.
1Opinion of the CourtWiley, J.
Appellant was plaintiff below, and his complaint was held bad on separate demurrers. ■. He declined to plead further, and judgment was rendered against him for costs. By his assignment of errors he questions the correctness of the court’s action in sustaining the demurrers to-the complaint.
The complaint avers that on December 3, 1867, the common council of the city of Jeffersonville passed an ordinance granting to the predecessor of appellee railroad company *459the right to construct and maintain its railroad on and along Ninth street, between certain • points named by said ordinance; that the…
2Cases cited16 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Pettis v. JohnsonIndiana Supreme Court · 1877
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- City of Evansville v. DeckerIndiana Supreme Court · 1882
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- Seigmund v. TynerIndiana Court of Appeals · 1913
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