Cincinnati, Indianapolis & Western Railroad v. Board of Commissioners
Indiana Supreme Court
From Fayette Circuit Court; Fred C. Game, Special Judge. Action by the Cincinnati, Indianapolis and Western Railroad Company against the board of commissioners of Fayette county and others. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtEwbank, C. J.
This was an action by the appellant to enjoin certain of the defendants, as constituting the *3board of commissioners of Fayette county, and a road contractor, from proceeding to open an undergrade crossing for a highway through appellant’s railroad embankment at a new location, and from improving such highway by grading and graveling it. The second amended and supplemental complaint was in a single paragraph. A demurrer by each of the appellees for the alleged reason that it did not state facts sufficient to constitute a cause of action was sustained to this complaint and the appellant…
2Cases cited9 opinions
- Doctor v. HartmanIndiana Supreme Court · 1881
- Metsker v. WhitsellIndiana Supreme Court · 1914
- Chicago, Indianapolis & Louisville Railway Co. v. State ex rel. ZimmermanIndiana Supreme Court · 1902
- Helms v. BellIndiana Supreme Court · 1900
- Wabash Railroad v. Railroad CommissionIndiana Supreme Court · 1911
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3Cited by4 opinions
- K. G. Horton & Sons, Inc. v. Board of Zoning AppealsIndiana Supreme Court · 1956
- E.I. T.H.R.R. Co. v. Bd. Commrs. Gibson CountyIndiana Supreme Court · 1936
- Cole v. Board of CommissionersIndiana Court of Appeals · 1923
- Evansville, Indianapolis & Terre Haute Railroad v. Board of CommissionersIndiana Supreme Court · 1936