SIMKIN v. NEW YORK CENT. R.R. CO.

No. 20,293.

138 Ind. App. 668 (1966)

214 N.E.2d 661

SIMKIN v. NEW YORK CENTRAL RAILROAD COMPANY.

Court of Appeals of Indiana.

Rehearing denied April 15, 1966.


Attorney(s) appearing for the Case

Stewart & Austin, of Anderson, for appellants.

Paul E. Schrenker, and Schrenker & Anderson, of Anderson, for appellee.


PRIME, C.J.

This is an action in which the appellee, New York Central Railroad, sued for possession of certain real estate and was awarded judgment in the trial court without the intervention of a jury. The real estate in question was a strip of land on which a spur line was constructed by the appellee in 1890. The deed by which the railroad claims title was executed in 1889 and title is still asserted by it.

The appellant is in the auto salvage business and...

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