Chicago & South Eastern Railway Co. v. Wood
Indiana Court of Appeals
From Tipton Circuit Court; W. W. Mount, Judge. Action by Augustus C. Wood, administrator of the estate of Ann E. Vert, against the Chicago & South Eastern Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRobinson, J.
Suit by appellee to recover the cost of a fence erected under thei provisions of §5324 Burns 1901. The complaint is sufficient, having been amended to comply with the opinion rendered upon the former appeal. Chicago, etc., R. Co. v. Vert, 24 Ind. App. 78. The only question argued is the sufficiency of the evidence to sustain the verdict in appellee’s favor. The suit was brought by the abutting landowner, Ann E. Vert, and upon her death appellee, as administrator, was substituted.
Construing §§5323, 5324 Burns 1901, together, the abutting landowner, in order to charge the road for its cost,…
2Cases cited9 opinions
- Branson v. StudabakerIndiana Supreme Court · 1892
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Wilkins v. YoungIndiana Supreme Court · 1895
- Hayford v. SpokesfieldMassachusetts Supreme Judicial Court · 1868
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3Cited by5 opinions
- Simkin v. New York Central RailroadIndiana Court of Appeals · 1966
- Hoeppner v. SlagleIndiana Court of Appeals · 1967
- Joliff v. Muncie Electric Light Co.Indiana Supreme Court · 1914
- Vandalia Railroad v. StephensIndiana Court of Appeals · 1906
- Vandalia Railroad v. MillerIndiana Court of Appeals · 1910