Indianapolis, Delphi & Chicago Railroad v. Holmes

There was a special finding of facts by the court in this case, and as the only error assigned which involves the merits of the controversy is, that the court erred *349in its conclusions of law upon the facts found, the case may be disposed of by a consideration of the facts deemed to be material as found by the court, and a determination of the law upon such facts.

The suit was upon a written instrument, signed by William W. Holmes, bearing date November 3d, 1871, the purport of which was that on the arrival of the first train of cars at Delphi, Indiana, from Indianapolis, over the track of…