Rayle v. Indianapolis, Peru, & Chicago Railway Co.
Indiana Supreme Court
APPEAL from the Howard Circuit Court. This was a suit to enjoin the appellee from .constructing a railroad switch, or side-track, upon and along Buckeye street, in the city of Kokomo, in front of certain lots belonging to the appellants.
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APPEAL from the Howard Circuit Court. This was a suit to enjoin the appellee from .constructing a railroad switch, or side-track, upon and along Buckeye street, in the city of Kokomo, in front of certain lots belonging to the appellants. At tlie commencement of the action, the complaint consisted of a single paragraph, in which the plaintiffs allege, that they are the owners in fee simple, as tenants in common, of a block of lots, numbered 64, 65, 66, 67, 68,-69, 70, and 71, in Mills & Richmond’s Addition to the town, now city, of Kokomo; that said lots- are of the aggregate value of three…
1Opinion of the Court
Rat, J".
It will be observed that every material averment of the complaint is denied by the answer. ■ Affidavits are also filed by which it appears that long before the purchase by the appellants, the owner of the property, not yet subdivided into lots, donated to the appellee the right of way immediately in front of and along the line of what are now numbered lots sixty-four, sixty-five, sixty-six, and sixty-seven, and conveyed the same by a proper release, and for a valuable consideration; and that forty feet in width was added on the east side of the railway track for such right of way, the…
2Cited by1 opinion
- Rayle v. Indianapolis, Peru, & Chicago RailroadIndiana Supreme Court · 1872