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WILLIAMS v. INDIANA RAIL ROAD CO.

No. 77A04-1311-CC-580.

33 N.E.3d 1043 (2015)

Berthal O. WILLIAMS and Patricia Williams, Appellants-Plaintiffs, v. The INDIANA RAIL ROAD COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied May 13, 2015.

Attorney(s) appearing for the Case

Louis F. Britton , Charles H. Ray , Cox, Zwerner, Gambill, & Sullivan, LLP, Terre Haute, IN, Attorneys for Appellants.

John C. Duffey , Heather L. Emenhiser , Stuart & Branigin, LLP, Lafayette, IN, Attorneys for Appellee.

Statement of the Case

This appeal involves an "indenture" or agreement — dating back to 1901 — between property owners and a railroad company. The indenture gave the railroad company a right to build and maintain a dam and the resulting accumulation of water on the landowners' property at a depth of...

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