Mordhurst v. Ft. Wayne & Southwestern Traction Co.
Indiana Supreme Court
From Allen Circuit Court; J2. O’Rourke, Judge. Action for an injunction and damages by Henry W. Mordhurst against the Ft. Wayne & Southwestern Traction Company. From a decree for defendant, the plaintiff appeals.
1Opinion of the CourtDowling, J.
-This suit was brought by the appellant against the appellee to enjoin the latter from constructing and operating an interurban railway over that part of Fulton street, in the city of Ft. Wayne, upon which a lot owned by appellant abuts, no compensation for such appropriation and use of appellant’s interest in the land so appropriated having been assessed and tendered. A demurrer to the complaint for want of sufficient facts was sustained, and, upon the refusal of the plaintiff below to plead further, judgment was rendered upon the demurrer. From this judgment the plaintiff appeals, and he…
2Cases cited26 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
- Magee v. OvershinerIndiana Supreme Court · 1898
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3Cited by26 opinions
- Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1906
- Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- Fox v. Ohio Valley Gas Corp.Indiana Supreme Court · 1968
- Fitzgerald v. BrownIndiana Court of Appeals · 1976
21 more not listed; retrieve them via the Exa API.