Lake Erie & Western Railroad v. Essington
Indiana Court of Appeals
From Tipton Circuit Court; O. N. Pollard, Special Judge. Suit by Mary Essington to enjoin the Lake Erie & Western Railroad Company from obstructing a driveway under the railroad tracks. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtRobifsof, J.
Action by appellee to enjoin the obstruction of a driveway under appellant’s railroad track. There was a special finding of facts, the correctness of which is not questioned, and conclusions of law, to which no exception was taken. The errors assigned are overruling appellant’s motion for judgment, and overruling appellant’s motion to modify the judgment and decree so as not to award a mandatory injunction.
Appellant’s motion for judgment was properly overruled. The judgment conforms to the. conclusions of law and could not have been other than that rendered. No exception was taken to the…
2Cases cited5 opinions
- In Re LennonSupreme Court of the United States · 1897
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Brauns v. GlesigeIndiana Supreme Court · 1892
- Pfau v. State ex rel. KetchamIndiana Supreme Court · 1897
3Cited by7 opinions
- Chafin v. Gay Coal & Coke Co.West Virginia Supreme Court · 1930
- Shroyer v. CampbellIndiana Court of Appeals · 1903
- National Lead Company v. Kanawha Block CompanyDistrict Court, S.D. West Virginia · 1968
- Charleston National Bank v. ThomasWest Virginia Supreme Court · 1958
- Gleason v. GleasonIndiana Court of Appeals · 1909
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