Terre Haute & Logansport Railway Co. v. Indianapolis & Northwestern Traction Co.
Indiana Supreme Court
From Montgomery Circuit Court; Jere West, Judge. Condemnation proceedings by the Indianapolis & Northwestern Traction Company against the Terre Haute & Logansport Railway Company. From an interlocutory order for plaintiff, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtGillett, J.
Appellee, an interurban railroad company, instituted this proceeding against appellant, a steam railroad company, to obtain by condemnation the authority to cross at gradé the right of way and tracks of the latter, at a point in Montgomery county. Appellant appeared to the proceeding, and filed objections to the proposed point of crossing. There was a hearing on said objections before the Montgomery Circuit Court, which resulted in an order, entered on June 25, 1904, fixing the point of crossing at the place proposed in appellee’s instrument of appropriation. Appellant filed a motion for a…
2Cases cited12 opinions
- Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.Indiana Supreme Court · 1877
- Morrison v. Indianapolis & Western Railway Co.Indiana Supreme Court · 1906
- Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1888
- Champ v. KendrickIndiana Supreme Court · 1892
- Home Electric Light & Power Co. v. Globe Tissue Paper Co.Indiana Supreme Court · 1896
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3Cited by18 opinions
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- State Etc. v. Marion Cir. Ct. Etc.Indiana Supreme Court · 1959
- Kalleres v. Glover, ReceiverIndiana Supreme Court · 1935
- Daugherty v. PayneIndiana Supreme Court · 1911
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