Smith v. Indianapolis, Peru & Chicago Railway Co.

The complaint in this case alleges that in the year 1859, the plaintiff, and divers other parlies, contracted with the Peru & Indianapolis Railroad Company to grade, and furnish with cross-ties a switch, at the village of Vertland; that the railroad company agreed that it would furnish the iron, and lay the track on said switch, and forever thereafter keep the same in repair, and that it should remain a permanent switch and shipping station,for the use of the parties so grading, and furnishing the ties, and for the public gen*89erally; that the plaintiff and his associates fully performed the…