Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. True
Indiana Court of Appeals
Prom Dearborn Circuit Court; George E. Downey, Judge. Action by Stephen W. True against The Cleveland, Cincinnati, Chicago and St. Louis Railway Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtAdams, J.
— Prior to and during the year 1905, the appellant made certain changes in its railroad and roadbed, by reducing the grade and straightening its tracks. At a point in Dearborn County, Indiana, near to the lands of appellee, appellant, in the prosecution of such work, filled up the channel of Tanner’s Creek, a natural watercourse, for a distance of 1000 feet, and constructed a fill of earth and stone in the bed of said natural watercourse for its track to rest upon, and excavated a new channel for said creek immediately south of the original watercourse. The natural channel of Tanner’s Creek…
2Cases cited4 opinions
- Manning v. GasharieIndiana Supreme Court · 1866
- Clegg v. WaterburyIndiana Supreme Court · 1882
- McCullough v. MartinIndiana Court of Appeals · 1895
- Elijah v. DowlingIndiana Court of Appeals · 1912
3Cited by4 opinions
- Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
- Grace v. Union Electric Co.Missouri Court of Appeals · 1947
- Van Spanje v. HostettlerIndiana Court of Appeals · 1918
- New York, Chicago & St. Louis Railroad v. ShrinerIndiana Supreme Court · 1959