Ponsler v. Union Traction Co.
Indiana Court of Appeals
From Hamilton Circuit Court; Ernest E. Cloe, Judge. Action by Orin Ponsler against the Union Traction Company of Indiana. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtMcMahan, J.
This is an action to recover damages for the death of a cow which escaped through a fence and on to the right of way of appellee, where it was killed by one of appellee’s cars. Appellee owns and operates an electric interurban railroad. Appellant is a tenant on a certain tract of land through which appellee’s road runs. In 1901, appellee’s predecessor in title by deed from the then owners secured a right of way through said land. This deed provided that the *617grantee should “erect and build a good substantial farm wire fence with cedar posts on the west side of the strip of land herein…
2Cases cited5 opinions
- Hunt v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1887
- Louisville, New Albany & Chicago Railway Co. v. GodmanIndiana Supreme Court · 1886
- Indianapolis, Pittsburgh & Cleveland Railroad v. PettyIndiana Supreme Court · 1865
- Rhodes v. MummeryIndiana Supreme Court · 1873
- Union Traction Co. v. ThompsonIndiana Court of Appeals · 1916
3Cited by4 opinions
- Keene v. Elkhart County Park & Recreation BoardIndiana Court of Appeals · 2000
- Tennessee Electric Power Co. v. White CountyCourt of Appeals for the Sixth Circuit · 1931
- Stover v. HarlanIndiana Court of Appeals · 1927
- Rose v. Freeway Aviation, Inc.Court of Appeals of Arizona · 1978