Legal Opinion

Vandalia Railroad v. Yeager

Indiana Court of Appeals

Decided November 18, 1915No. 8,555PublishedCited by 20 opinions

From Superior Court of Marion County (83, 672); Joseph Collier, Judge. Action by Louie Yeager and others against the Vandalia Railroad Company. From a judgment for plaintiffs, the defendant appeals.

1Opinion of the CourtCaldwell, J.

Appellees brought this action to recover damages suffered by reason of appellant having constructed and maintained a sidetrack, the embankment of which obstructed the flow of water from appellees’ farm. A trial resulted in a verdict for $2,000, from which appellees remitted $1,100, and judgment was rendered for the residue. The errors assigned are based on the overruling of the demurrer to the amended complaint, and on overruling the motion for a new trial. The points made under the latter assignment are the insufficiency of the evidence; that the verdict is contrary to law; an excessive…

2Cases cited34 opinions

  1. Taylor v. FickasIndiana Supreme Court · 1878
  2. Vannest v. FlemingSupreme Court of Iowa · 1890
  3. Mitchell v. BainIndiana Supreme Court · 1895
  4. Wharton v. StevensSupreme Court of Iowa · 1891
  5. New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907

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3Cited by20 opinions

  1. Indiana Pipe Line Co. v. ChristensenIndiana Supreme Court · 1919
  2. Conestee Mills v. City of GreenvilleSupreme Court of South Carolina · 1931
  3. Lowe v. Loge Realty Co.Indiana Court of Appeals · 1966
  4. Gwinn v. MYERSIndiana Supreme Court · 1955
  5. Birdwell v. MooreIndiana Court of Appeals · 1982

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