Union Traction Co. v. Basey
Indiana Supreme Court
Erom Hamilton Circuit Court; J. F. Neal, Judge. Action by tbe Indianapolis Northern Traction Company against Martin V. Basey and another. Erom a judgment for defendants the Union Traction Company of Indiana, with whom the plaintiff had consolidated, appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtMontgomery, J.
This proceeding was commenced in the court below by the Indianapolis Northern Traction Company to appropriate a right of way across lands owned by *250appellees. Appellees’ damages were duly appraised and assessed, and an exception to the award saved by the traction company. The company paid to the clerk of the court the damages so assessed, and took immediate possession of the land appropriated. Appellees, by way of answer to the exception to the award, set up the payment of the damages and possession by the company. A demurrer to this answer, and a motion to strike it out, were overruled, and…
2Cases cited3 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. NowlinIndiana Supreme Court · 1904
- Newman v. KiserIndiana Supreme Court · 1891
- Rundles v. JonesIndiana Supreme Court · 1851
3Cited by8 opinions
- Douglas v. Indianapolis & Northwestern Traction Co.Indiana Court of Appeals · 1906
- Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912
- Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1907
- Indianapolis Northern Traction Co. v. DunnIndiana Court of Appeals · 1905
- Indiana State Board of Dental Examinees v. DavisIndiana Court of Appeals · 1917
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