GENERAL TELEPHONE CO. OF IND. v. PENN CENTRAL CO.

No. 1269A244.

270 N.E.2d 337 (1971)

GENERAL TELEPHONE COMPANY OF INDIANA, Inc., Appellant, v. PENN CENTRAL COMPANY, Appellee.

Appellate Court of Indiana, Division No. 2.

June 14, 1971.


Attorney(s) appearing for the Case

George E. Buckingham, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for appellant. Douglas B. McFadden, Hugh, Tuck, Schulhof, Indianapolis, amicus curiae.

W.H. Chester, Elkhart, for appellee.


WHITE, Judge.

This is an appeal from the granting of defendant-appellee's (hereinafter Railroad) motion for summary judgment. The action brought by the plaintiff-appellant (hereinafter Telephone) was for damages to Telephone's conduit, cables, wires and facilities which were buried alongside Railroad's tracks. The complaint alleged negligence by Railroad in the operation of a freight train which derailed and caused the...

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