Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Wisehart

Indiana Supreme Court

Decided June 26, 1903No. 20,010PublishedCited by 16 opinions

Prom Henry Circuit Court; W. O. Barnard, Judge. Action by Sarah A. Wisehart against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. From a j udgment for plaintiff, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtJordan, J.

— Appellee successfully prosecuted this action against appellant railroad company for damages arising out of an alleged tort committed (1) by flowing water from a natural watercourse onto her lands; (2) in gathering surface-water into a basin upon its right of way and *209discharging such water onto her premises. The cause was submitted to the jury upon the second, third, and fourth paragraphs of the complaint. The record expressly discloses that the jury found in favor of appellee upon the third and fourth paragraphs.

Alleged errors based on overruling the demurrer to each of the two latter…

2Cases cited11 opinions

  1. Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
  2. Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
  3. City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
  4. New York, Chicago & St. Louis Railroad v. Hamlet Hay Co.Indiana Supreme Court · 1897
  5. Wallace v. ColumbiaSupreme Court of South Carolina · 1891

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3Cited by16 opinions

  1. Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
  2. Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
  3. Watts v. Evansville, Mt. Carmel & Northern Railway Co.Indiana Supreme Court · 1921
  4. Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
  5. Citizens Telephone Co. v. Fort Wayne & Springfield Railway Co.Indiana Court of Appeals · 1912

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