Legal Opinion

Baltimore & Ohio Southwestern Railroad v. Oregon Township

Indiana Supreme Court

Decided April 23, 1908No. 21,262PublishedCited by 1 opinion

Prom Clark Circuit Court; Harry G. Montgomery, Judge. Action by the Baltimore & Ohio Southwestern Railroad Company against Oregon Township of Clark County. Prom a judgment for defendant, plaintiff appeals. Transferred from Appellate Court under subd. 2, §1394 Burns 1908, Acts 1901, p. 565, §10.

1Opinion of the CourtGillett, J.

Appellant brought this action against Oregon Township of Clark County, to recover, as for money had and received, the amount of an alleged excessive payment of taxes made by appellant and received by said township. The excessive payment, according to the amended complaint, grew out of the fact that appellant had, under an erroneous belief as to its mileage in said township, reported four and fifty-two hundredths miles of its railroad as being in said township, whereas fifty-one hundredths of said mileage was in the adjoining township of Washington. It is also alleged that, under said mistake,…

2Cases cited11 opinions

  1. Chicago, Burlington & Quincy Railway Co. v. BabcockSupreme Court of the United States · 1907
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusIndiana Supreme Court · 1893
  3. Hart v. SmithIndiana Supreme Court · 1902
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusIndiana Supreme Court · 1893
  5. Inland Lumber & Timber Co. v. ThompsonIdaho Supreme Court · 1905

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

3Cited by1 opinion

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. EnsleyIndiana Court of Appeals · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API