Legal Opinion

Toledo & Chicago Interurban Railway Co. v. Wilson

Indiana Court of Appeals

Decided December 16, 1908No. 6,348PublishedCited by 9 opinions

From Dekalb Circuit Court; Emmet A. Bratton, Judge. Action by the Toledo and Chicago Interurban Railway Company against Hattie M. Wilson and another. From a judgment for defendants, plaintiff: appeals.

1Opinion of the CourtMyers, J.

The appellant brought this proceeding to condemn, for the purpose of a railroad right of way, yards, switches, yard tracks and storage tracks, certain real estate owned by appellees at Auburn Junction, Dekalb county. Appraisers appointed by the court reported, awarding the appellees damages in the sum of $75. To this award the appellees filed exceptions. A jury returned a verdict, assessing the damages of the appellees at $475.

Appellant insists that the court erred in overruling (1) its motion for a venire de novo; (2) its motion for judgment for $150 in favor of appellees; (3) its motion for…

2Cases cited4 opinions

  1. Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
  2. Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
  3. Midland Railway Co. v. SmithIndiana Supreme Court · 1890
  4. Louisville, New Albany, & St. Louis Air Line R. W. Co. v. DrydenIndiana Supreme Court · 1872

3Cited by9 opinions

  1. Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
  2. McGill v. Muddy Fork of Silver Creek Watershed Conservancy DistrictIndiana Court of Appeals · 1977
  3. State Ex Rel. Agan v. HENDRICKS SUP. CT., GIBBS, JUDGEIndiana Supreme Court · 1968
  4. State v. RedmonIndiana Supreme Court · 1933
  5. Best Realty Corp. v. StateIndiana Court of Appeals · 1980

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