CITY OF PERU v. WABASH R.R. CO.

No. 28,975.

232 Ind. 361 (1953)

112 N.E.2d 217

CITY OF PERU v. WABASH RAILROAD COMPANY.

Supreme Court of Indiana.

Rehearing denied June 9, 1953.


Attorney(s) appearing for the Case

Frank V. Dice, City Attorney and Rhodes & Rhodes, all of Peru, for appellants.

Albert H. Cole Jr., Cole, Wildman & Cole (of counsel), of Peru, John F. Bodle and Stuart, Devol, Branigin & Ricks (of counsel), of Lafayette, for appellee.


FLANAGAN, J.

The Wabash Railroad Company and The New York, Chicago & St. Louis Railroad Company, appellees in this court, brought this action. They seek to close a crossing of their adjoining tracks by a street in the City of Peru, Indiana. The defendants in the trial court and appellants in this court are the City of Peru and citizens of Peru who objected to such closing.

The trial court held that the railroads were entitled to close the crossing by virtue...

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