Legal Opinion

Vandalia Railroad v. Walsh

Indiana Court of Appeals

Decided October 5, 1909No. 6,508PublishedCited by 14 opinions

From Fulton Circuit Court; Harry Bernetha, Judge. Action by William W. Walsh and another against the Vandalia Railroad Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHadley, C. J.

This is an action instituted by appellees against appellant to recover the cost of erecting a fence along appellant’s right of way and appellees’ land. There is no claim that the fence built by appellees was not properly constructed, nor that the claim therefor was exorbitant. It is not denied that the old fence was decayed, broken down and wholly worthless for any purpose, nor that appellant had the statutory, as well as other actual notice of the condition of the fence and of the intention of appellees to rebuild, and of appellees’ having rebuilt the same. Neither was there any attempt to…

2Cases cited11 opinions

  1. Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
  2. Terre Haute & Logansport Railway Co. v. SalmonIndiana Supreme Court · 1903
  3. Terre Haute & Logansport Railway Co. v. ErdelIndiana Supreme Court · 1904
  4. Terre Haute & Logansport Railway Co. v. SalisburyIndiana Court of Appeals · 1906
  5. Vandalia Railroad v. KanarrIndiana Court of Appeals · 1906

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Orr v. Turco Manufacturing Co.Indiana Supreme Court · 1987
  2. Briggs v. Clinton County Bank & Trust Co. of FrankfortIndiana Court of Appeals · 1983
  3. Watson v. ThibodeauIndiana Court of Appeals · 1990
  4. Krick v. Farmers and Merchants Bank of BoswellIndiana Court of Appeals · 1972
  5. Marshall v. ReevesIndiana Supreme Court · 1974

9 more not listed; retrieve them via the Exa API.

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