Cottrell v. Chicago, Terre Haute & Southeastern Railway Co.

Appellee railway company filed a petition in the superior court of Vigo county, by which it sought to appropriate a strip seventy-five feet wide *693across lands owned by appellants near the Wabash river as right of way on which to build a. track to a gravel bank, beginning at the terminus of an existing “branch” or switch which leads off from appellee’s main line to a small station called “Perkins,” where there is a “loading track” for the use of teamsters, a spur to a gravel pit, and a spur running into an elevator owned by appellants. The trial court, after sustaining demurrers to certain…