Legal Opinion

Barney v. Indiana Railway Co.

Indiana Supreme Court

Decided October 3, 1901No. 19,228PublishedCited by 12 opinions

From St. Joseph. Circuit Court; Lucius Hubbard, Judge. Action by Samuel E. Barney against the Indiana R. Co. and others on contract. From a judgment for defendants on demurrer to complaint, plaintiff appeals.

1Opinion of the CourtMonks, C. J.

It appears from the record that appellant owned a tract of land near tire city of Elkhart, Indiana, known as “Barney’s driving park” which was fitted up and maintained by him as a driving and racing park at an expense of $15,000; that on and prior to August 25, 1895, the Indiana Electric Railway Company owned and was operating a street railway in said city, and that the said driving *229park was about three-eighths of a mile distant from the said railway’s track on Main street in said city; that in order to obtain an extension of said railway track north along Main street to said park appellant…

2Cases cited2 opinions

  1. Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
  2. Ransdel v. MooreIndiana Supreme Court · 1899

3Cited by12 opinions

  1. Childs v. City of ColumbiaSupreme Court of South Carolina · 1911
  2. Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
  3. Town of Vinton v. City of RoanokeSupreme Court of Virginia · 1954
  4. Warrum v. WhiteIndiana Supreme Court · 1909
  5. Shenk v. StahlIndiana Court of Appeals · 1905

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