Pickett v. Toledo, St. Louis & Western Railroad
Indiana Court of Appeals
Prom Grant Circuit Court; H. J. Paulus, Judge. Action by Lola Pickett and others against the Toledo, St. Louis and Western Railroad Company. From a judgment for defendant, the plaintiffs appeal.
1Opinion of the CourtIbach, C. J.
The undisputed facts of this case show that on August 24, 1912, and for some years prior, the right of way of appellee through the farm of appellant Lola Pickett was adjacent to and parallel with the right of way of the Indiana Railway and Light Company. Appellee maintained a fence in good condition along the north side of its right of way, but neither company had built a fence between their rights of way. On the day above mentioned, and for years before, there had been a private way over such land and across both rights of way, and where the same passed through the fences, gates had been…
2Cases cited3 opinions
- Storms v. StevensIndiana Supreme Court · 1885
- Hunt v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1887
- Jeffersonville, Madison & Indianapolis Railroad v. DunlapIndiana Supreme Court · 1887
3Cited by1 opinion
- Leary v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1919