Indiana, Bloomington & Western Railway Co. v. Allen

The complaint of the appellee seeks to recover damages from the appellant for entering upon land and using it as a track for its railroad. The facts stated in the third paragraph of the appellant’s answer are, in substance, these: In 1870, the Indianapolis, Crawfordsville and Dan-ville Railroad Company took and appropriated the strip of land in dispute and constructed a railroad thereon. The entry and appropriation were by the license of Maria Brittingham, who was then the owner of the land, and is the appellee’s grantor. The appellant succeeded to all the rights of *309the Indianapolis,…