CHICAGO, ETC., RY. CO. v. BEISEL

No. 18,264.

122 Ind. App. 448 (1952)

106 N.E.2d 117

CHICAGO, INDIANAPOLIS AND LOUISVILLE RAILWAY COMPANY v. BEISEL ET AL.

Court of Appeals of Indiana.

Filed May 23, 1952.


Attorney(s) appearing for the Case

Harker & Irvin, of Frankfort, and J. Arden Rearick, of Lafayette, for appellant.

Robert K. Ryan, of Frankfort, for appellees.


BOWEN, C.J.

This is an appeal from a judgment in an action for an injunction in which the appellees sought to enjoin the appellant from barring or destroying an underpass and cattle crossing located beneath the road bed and rails of the appellant in Clinton County, Indiana. The complaint alleged that the defendant threatened to remove the underpass and to replace the same with a culvert or tile suitable only for the...

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