Penn Central Transportation Company v. Wilson

This is an appeal from an action brought by plaintiffs-appellees (hereinafter called Landowners) against defendants-appellants (hereinafter called Railroad) to abate a nuisance and for money damages. The action was tried by the court, resulting in a finding and judgment for Landowners, awarding each plaintiff damages.

Mr. and Mrs. Marvin H. Shelton were the owners of a tract of farm land located in Hendricks County south of Highway 36 and just west of the Marion County line. Railroad operated trains on a double set of tracks located along the south edge of the Shelton property. The Sheltons…