Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Barth
Indiana Supreme Court
From Washington Circuit Court; William H. Paynter, Judge. Action by Elizabeth Barth against The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1394 Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtSpencer, J.
— For a statement of the facts and circumstances leading up to the institution of this action reference is here made to the opinion of this court in Barth v. Pittsburgh, etc., R. Co. (1910), 175 Ind. 554, 93 N. E. 535. ’ Subsequent to the decision in that case appellee instituted this proceeding to recover possession of certain lands over which appellant was maintaining switch tracks, and took the position that the instrument under which the railroad company operated such tracks is a lease creating a tenancy at will and .therefore terminable on the giving of one month’s notice to quit. That…
2Cases cited5 opinions
- Knight v. Indiana Coal & Iron Co.Indiana Supreme Court · 1874
- New American Oil & Mining Co. v. TroyerIndiana Supreme Court · 1905
- Bryson v. Crown Oil Co.Indiana Supreme Court · 1916
- Gilmore v. HamiltonIndiana Supreme Court · 1882
- Barth v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1911
3Cited by1 opinion
- Martin v. BarthCourt of Appeals for the Seventh Circuit · 1928