Kelsay v. Chicago, Cincinnati & Louisville Railroad
Indiana Court of Appeals
Prom Madison Circuit Court; John F. McClure, Judge. Action by Albert W. Kelsay against the Chicago, Cincinnati & Louisville Railroad. Prom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtHadley, J.
Appellant filed his complaint herein for damages to his property by reason of the acts of appellee in destroying a public drain. The complaint is in four paragraphs. Demurrers were filed and sustained to the first, second and fourth amended paragraphs, and a motion to make the third paragraph more specific was sustained. Appellant refusing to plead further, judgment was rendered against him in favor of appellee for costs. Each of said paragraphs averred that appellee was an Indiana corporation; that appellant was and had been for ten years last past the owner and in possession of certain land…
2Cases cited18 opinions
- Davis Coal Co. v. PollandIndiana Supreme Court · 1902
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
- Pettis v. JohnsonIndiana Supreme Court · 1877
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3Cited by5 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BowenIndiana Supreme Court · 1913
- Evansville, Mount Carmel & Northern Railway Co. v. ScottIndiana Court of Appeals · 1916
- Lake County Agricultural Society v. VerplankIndiana Court of Appeals · 1919
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StevensIndiana Court of Appeals · 1911
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. GoldsmithIndiana Court of Appeals · 1922